A view of the Bombay High Court in Mumbai. File
| Photo Credit: The Hindu
The Bombay High Court on Friday (June 20, 2025) rejected a petition seeking courts intervention in issuing him as a Scheduled Caste (SC) certificate, claiming he has suffered discrimination and disadvantages on account of his mother belonging to SC community.
The 18-year-old student from Mumbai filed the petition through advocate Nikhil V. Adkine against the Maharashtra Government’s Social Justice and Special Assistance Department and Raigad District Caste Certificate Scrutiny Committee.
A Division Bench Justices, Dr. Neela Gokhale and Revati Mohite Dere, dismissed the petition and observed that no evidence was brought on record by the petitioner to demonstrate that by virtue of his mother being a member of the SC, 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 their living conditions bereft of basic necessities, food, clean water, sanitation and health care. Their lifestyle is satisfactory.”
The petitioner sought a declaration that he belongs to ‘Chambhar’ Scheduled Caste community of his mother’s side and issuance of validity certificate of the said caste. His parents were married in April 2004, in Pali, Raigad. While his father belongs to ‘Hindu Agri’ caste, his mother hails from ‘Chambhar’ community, a SC, both serving in the Central Armed Police Force, under the Ministry of Home Affairs. At the time of school admission, the son was registered under the father’s surname and caste. However, owing to matrimonial discord, the parents got divorced in 2016. When the petitioner was in secondary school, his mother admitted him in Kendriya Vidyalaya in Nashik, under her surname, caste and also changed his name.
In the academic year, 2022-23, when the petitioner was in class 11 at Navneet Junior College of Arts, Science & Commerce, Mumbai, his mother applied for a ‘Chambhar‘ caste certificate for him. When the college principal forwarded the proposal for verification to the Scrutiny Committee, on April 2024, the committee and the Vigilance Cell refused to grant the SC caste certificate.
Advocate Adkine submitted that despite the father belonging to an upper caste, he never looked after nor cared for the petitioner and never incurred any expenses for him. “He did not have any advantages in his life and suffered deprivations and indignities and humiliation being a member of the Scheduled Caste community.”
The Bench noted that the Scrutiny Committee had concluded that the petitioner did not suffer any humiliation nor was he deprived of good education. “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.”
Additional Government Pleader, B.V. Samant, pointed out that the father had made many attempts to meet the son, but the mother did not allow it. Throughout his schooling, the father availed all the opportunities for the son. Moreover, the mother works at the Central Police Mumbai Port and earns a substantial income to support herself and her son, hence, she did not claim maintenance.
Hearing the arguments, the Bench concluded, “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.”
Published – June 23, 2025 04:46 pm IST
