In a recent judgment, the Bombay High Court ruled that applicants seeking a caste certificate can opt for their mother’s caste/tribe..A Nagpur Bench of Justices Sunil Shukre and SM Modak passed a ruling to this effect while allowing the daughter of a single mother to apply for a certificate certifying that she belongs to her mother’s Scheduled Tribe, rather than rely on the documents pertaining to her estranged biological father..The petitioner had applied for the certificate for the purpose of admission under the Scheduled Tribe category. However, her application was rejected citing that the certificate could not be issued based on her mother’s documents alone. Rather, the authorities insisted on the petitioner producing documents relating to her father’s community..The petitioner’s mother had married a non-tribal in August 1996. The petitioner was born out of this marriage in July 1997. However, the marriage was subsequently dissolved in 2003 and the mother got the petitioner’s custody..Appearing for the petitioner, advocate Ashwin Deshpande informed the Court that the marriage had ended soon and that it resulted in no cultural impact on the petitioner. Therefore, the petitioner had not learnt any of the values or customs associated with her father’s community..While this was the case, a Sub-Divisional officer rejected the petitioner/daughter’s request for a certificate indicating that she belonged to her mother’s Halba tribe. This rejection was thereafter endorsed by the Schedule Tribe Caste Certificate Scrutiny Committee, Amravati.This rejection was challenged by the petitioner before the High Court. The High Court, in turn, found merit in Deshpande’s arguments. The Bench observed that the petitioner had been raised in an atmosphere dominated by the customs and traditions of her mother’s tribal community..“It was, therefore, natural for the girl to start claiming social status, which was processed by her mother,” the Court said..The Court proceeded to note that if a strict interpretation of the rules were taken, there may be no fault on the approach of the Committee in insisting on the father’s documentation. However, the Bench further observed,.“…when we look at the case from a different perspective through distressed family led by single mother of petitioner, we would be convinced that this case requires different approach.”.In particular, it relied on the Supreme Court’s judgment in Rameshbhai Dabhai Naika v State of Gujarat and others. In the Rameshbhai case, the apex Court had held that it is permissible for a candidate or a student to claim the caste or tribe of one of her parents when the marriage is between the spouses belonging to tribal and non-tribal castes or a union between persons from the reserved and open category..In view of the same, the Court noted that the concerning authority is only expected to consider whether the petitioner’s claim was genuine..“All that it is required to be done by the concerned authority, in such a case, is to consider the genuineness of the claim on the basis of documents submitted to it and nothing more..If Rule 12 of Rules 2003 does not permit a candidate to produce the documents of the maternal side, in view of the law laid down by the Apex Court in Rameshbhai Dabhai Naika Vs. State of Gujarat & Ors (supra), such permission would have to be granted to the petitioner by this Court. Accordingly, we are inclined to allow the petition.”.With these observations, the Court directed the concerned authorities to reconsider the petitioner’s claim for a Halba Scheduled Tribe certificate within two weeks..[Read the order]
In a recent judgment, the Bombay High Court ruled that applicants seeking a caste certificate can opt for their mother’s caste/tribe..A Nagpur Bench of Justices Sunil Shukre and SM Modak passed a ruling to this effect while allowing the daughter of a single mother to apply for a certificate certifying that she belongs to her mother’s Scheduled Tribe, rather than rely on the documents pertaining to her estranged biological father..The petitioner had applied for the certificate for the purpose of admission under the Scheduled Tribe category. However, her application was rejected citing that the certificate could not be issued based on her mother’s documents alone. Rather, the authorities insisted on the petitioner producing documents relating to her father’s community..The petitioner’s mother had married a non-tribal in August 1996. The petitioner was born out of this marriage in July 1997. However, the marriage was subsequently dissolved in 2003 and the mother got the petitioner’s custody..Appearing for the petitioner, advocate Ashwin Deshpande informed the Court that the marriage had ended soon and that it resulted in no cultural impact on the petitioner. Therefore, the petitioner had not learnt any of the values or customs associated with her father’s community..While this was the case, a Sub-Divisional officer rejected the petitioner/daughter’s request for a certificate indicating that she belonged to her mother’s Halba tribe. This rejection was thereafter endorsed by the Schedule Tribe Caste Certificate Scrutiny Committee, Amravati.This rejection was challenged by the petitioner before the High Court. The High Court, in turn, found merit in Deshpande’s arguments. The Bench observed that the petitioner had been raised in an atmosphere dominated by the customs and traditions of her mother’s tribal community..“It was, therefore, natural for the girl to start claiming social status, which was processed by her mother,” the Court said..The Court proceeded to note that if a strict interpretation of the rules were taken, there may be no fault on the approach of the Committee in insisting on the father’s documentation. However, the Bench further observed,.“…when we look at the case from a different perspective through distressed family led by single mother of petitioner, we would be convinced that this case requires different approach.”.In particular, it relied on the Supreme Court’s judgment in Rameshbhai Dabhai Naika v State of Gujarat and others. In the Rameshbhai case, the apex Court had held that it is permissible for a candidate or a student to claim the caste or tribe of one of her parents when the marriage is between the spouses belonging to tribal and non-tribal castes or a union between persons from the reserved and open category..In view of the same, the Court noted that the concerning authority is only expected to consider whether the petitioner’s claim was genuine..“All that it is required to be done by the concerned authority, in such a case, is to consider the genuineness of the claim on the basis of documents submitted to it and nothing more..If Rule 12 of Rules 2003 does not permit a candidate to produce the documents of the maternal side, in view of the law laid down by the Apex Court in Rameshbhai Dabhai Naika Vs. State of Gujarat & Ors (supra), such permission would have to be granted to the petitioner by this Court. Accordingly, we are inclined to allow the petition.”.With these observations, the Court directed the concerned authorities to reconsider the petitioner’s claim for a Halba Scheduled Tribe certificate within two weeks..[Read the order]
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