Bombay High Court
Sujal Mangala Birwadkar vs The State Of Maharashtra Thr Its ... on 20 June, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2025:BHC-AS:24351-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.13016 OF 2024
Sujal Mangala Birwadkar
Age: 18 years, Occu: Student,
R/o: Room No.33, Building No.02,
New BPT Colony, Nadkarni Park,
Wadala East, Mumbai
Post: Antop Hill, Pin-400 037. .....Petitioner
Vs.
1. The State of Maharashtra,
Through its Secretary,
Social Justice and Special
Assistance Department,
Mantralaya, Mumbai.
2. The District Caste Certificate
Scrutiny Committee, Raigad,
1402A, Plot No.9, Survey No.76/2B,
Behind Saint Merry's Convent School,
Chedhare, Alibag - 402 201,
Through its Member Secretary. .....Respondents
Mr. Nikhil V. Adkine, for the Petitioner.
Mr. B. V. Samant, Additional Government Pleader for the Respondent
Nos.1 & 2.
CORAM : REVATI MOHITE DERE &
DR. NEELA GOKHALE, JJ.
RESERVED ON : 10th JUNE 2025.
PRONOUNCED ON : 20th JUNE 2025.
JUDGMENT :
- (Per Dr. Neela Gokhale, J.)
1. Rule. Rule made returnable forthwith. With consent of the
parties, matter is heard finally.
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2. By way of the present Petition, the Petitioner seeks
quashing of the Judgment and Order dated 15 th April 2024 passed by
the Respondent No.2-District Caste Certificate Scrutiny Committee,
Raigad. He also seeks a declaration that he belongs to 'Chambhar'
Scheduled Caste community of his mother's side and issuance of
validity certificate of the said caste.
3. The case of the Petitioner in brief is that his parents were
married on 22nd April 2004 at Pali, District: Raigad. His father namely,
Santosh Mahadeo Mokal belongs to ' Hindu Agri' caste, which is not a
Scheduled Caste but his mother namely, Mangala belongs to
'Chambhar' community, which is a Scheduled Caste. The Petitioner
was born on 14th June 2006. Both his parents were serving in the
Central Armed Police Force, which comes under the Ministry of
Home Affairs.
4. According to the Petitioner, there was matrimonial discord
between his parents resulting in a divorce decree being passed by the
Joint Civil Judge, Senior Division, Alibag in respect of their marriage
vide Judgment and Order dated 2nd July, 2016.
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5. At the time of admitting the Petitioner in the primary
school, his mother recorded his caste as 'Hindu Agri' i.e., his father's
caste in the school records. However, after the divorce and while
admitting the Petitioner in the secondary school namely, Kendriya
Vidyalaya, ISP Nehru Nagar, Nashik Road, his mother gave the
Petitioner's caste as 'Chambhar' under the Scheduled Caste
community and also got his name changed as 'Sujal Mangala
Birwadkar' from 'Sujal Santosh Mokal'.
6. While the Petitioner was studying in the 11 th Standard in
the Navneet Junior College of Arts, Science & Commerce, Mumbai
Central in the Academic Year 2022-23, his mother applied for a
certificate of 'Chambhar' caste for him. The Competent Authority
issued the said certificate dated 7 th February 2023 certifying that the
Petitioner belonged to 'Chambhar'- a Scheduled Caste. The principal
of the Navneet Junior College forwarded the proposal for verification
of his caste claim to the Respondent No.2-Scrutiny Committee.
7. The Scrutiny Committee referred the caste claim to the
Vigilance Cell for inquiry and verification of documents. Three
vigilance reports were submitted to the Committee. Ultimately, the
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Scrutiny Committee by its Judgment and Order dated 15 th April 2024
rejected the caste claim of the Petitioner and refused to grant validity
certificate in respect of the Petitioner. It is this Judgment and Order,
which the Petitioner has assailed in the present Petition.
8. Mr. Nikhil Adkine learned counsel appeared for the
Petitioner and Mr. B.V. Samant, learned AGP represented the State.
9. Mr. Adkine submitted as under:
(a) The findings in the Judgment and Order are
contrary to the facts of the case and the evidence on record.
(b) The Petitioner's father although belonging to an
upper caste has never looked after nor cared for the Petitioner
and has never incurred any expenses for the Petitioner.
(c) The Petitioner's parents were divorced by a decree
passed by the Competent Court on 2 nd July 2016 and that the
custody of the Petitioner was always with his mother.
(d) The Petitioner did not have any advantages in his life
and suffered deprivations and indignities and humiliation being
a member of the Scheduled Caste community.
10. On the above grounds, the Petitioner urged the Court to
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set aside the impugned Judgment and Order and declare him to be a
member of the Scheduled Caste community.
11. Mr. Samant, learned AGP brought to our notice the
Vigilance Inquiry Report along with statements recorded of persons
during inquiries held on 21 st July 2023, 13th September 2023 and 17 th
January 2024. Mr. Samant pointed out that the Petitioner's father had
recorded his statement that he had made many attempts to meet and
talk to the Petitioner but the Petitioner's mother did not allow him to
do so. He also offered innumerable opportunities to the Petitioner.
Mr. Samant submitted that the Petitioner's mother is working in
Central Police Mumbai Port and is earning a substantial income to
support herself and the Petitioner and hence, she did not claim
maintenance from the Petitioner's father. Thus, Mr. Samant submitted
that the Petitioner's father belongs to the upper caste community and
during the Petitioner's entire schooling years, he was availing all the
opportunities available to the upper caste. Mr. Samant thus, sought
dismissal of the Petition.
12. Heard both the counsels and perused the record with their
assistance.
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13. We have gone through the Vigilance Reports. The
statements of the witnesses recorded indicate that the Petitioner's
mother was in continuous service in the Central Police Mumbai Port.
The statement of the Petitioner's father also indicate that post
divorce, the Petitioner's mother never claimed any maintenance for
herself or the Petitioner as she was capable of maintaining herself and
the Petitioner. The Petitioner took his secondary education in
Kendriya Vidyalaya. The written statement of the Police Patil also
indicates that even his maternal relatives owned property and are
engaged in doing business. Nevertheless, the Petitioner's mother had
recorded his caste as 'Hindu Agri' in his school, which can be seen in
the School Leaving Certificate.
14. After going through the Vigilance Reports, the Committee
formed the considered opinion that no evidence was brought on
record by the Petitioner to demonstrate that by virtue of his mother
being a member of the Scheduled Caste, he suffered deprivations,
indignities, humiliation and any other challenges normally suffered by
a person belonging to a Scheduled Caste community. His maternal
grandparents also do not appear to be living in a backward area nor is
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their living conditions bereft of basic necessities, food, clean water,
sanitation and health care. Their lifestyle is satisfactory. The Scrutiny
Committee therefore, concluded that the Petitioner did not suffer any
humiliation nor was he deprived of good education.
15. A Division Bench of this Court in Swanubhuti Jivraj Jain v.
State of Maharashtra through the Office of Assistant Government
Pleader and Ors.1 after referring to a series of judgments of the Apex
Court has held that for a person born to parents belonging to different
castes, especially when the father belongs to the upper caste
community and the mother-to a Scheduled Caste community, has to
demonstrate that he was treated shabbily; that he suffered humiliation
and insults on account of his mother being a Scheduled Caste person;
he was deprived of opportunities in education and employment on
account of his mother being a Scheduled Caste person, etc., for him to
be declared as a person belonging to a Scheduled Caste community. In
the present case, the entire nurturing and upbringing of the Petitioner,
although has been done by his mother, does not appear to be that of
deprivation. He had the advantage of his father's upper caste during
his schooling days and his caste was recorded as 'Hindu Agri' in his
1 2025 SCC Online Bombay 322
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school records. His mother throughout her career continued to be
employed by the Central Police Mumbai Port. There is nothing on
record to indicate that the Petitioner's mother suffered any
humiliation, which was manifested onto the Petitioner.
16. In the light of the peculiar facts as above and taking into
account the documents before us, it is clear that the Petitioner had
good education, was never discriminated against and did not suffer
any disadvantages on account of his mother belonging to a Scheduled
Caste community. He did not suffer any handicap and did have an
advantageous start in life. We are thus, unable to accept that he is
eligible to be declared as a person from the 'Chambhar' community.
We are not inclined to allow the Petition. Petition is dismissed.
17. Rule is accordingly discharged.
(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.)
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2025.06.20
15:23:19 +0530
