Case Note & Summary
The petitioner, Nikhil Meena Patel, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 26 February 2021 passed by the Mamlatdar, Dadra and Nagar Haveli, Silvassa. The Mamlatdar declared that the petitioner was not entitled to hold the caste certificate dated 16 October 2014 issued to him as belonging to 'Hindu Chamar' caste, recognized as a Scheduled Caste under the Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962, and cancelled the certificate on the ground that he belongs to the general category. The petitioner's case was that his mother, Smt. Meena Jagubhai Patel, belonged to the Hindu Chamar caste and had an inter-caste marriage with his biological father, who belonged to a forward community. The petitioner was deserted by his father at the age of four and was brought up by his mother in the Hindu Chamar community. His school records showed his caste as Hindu Chamar. A certificate from Shree Rohit Samaj Mitra Mandal, Silvassa, confirmed that the petitioner's mother belonged to the Hindu Chamar caste and that the petitioner was born and brought up in that community, following its customs and traditions. The petitioner also contended that the complaint leading to the cancellation was a counterblast to an FIR he filed against his stepfather for misappropriation of his mother's money. The court considered the legal issue of whether a child born to an inter-caste marriage is entitled to the caste certificate of the mother belonging to a Scheduled Caste when the father belongs to a forward community and the child is brought up by the mother in the Scheduled Caste community. The court held that the child's caste is determined by the parent with whom the child is brought up and the community in which he is accepted, not by the father's caste alone. The court found that the Mamlatdar had ignored the petitioner's upbringing and the documents showing his mother's caste and his acceptance in the Hindu Chamar community. The court set aside the Mamlatdar's order and directed the respondents to restore the caste certificate dated 16 October 2014.
Headnote
A) Caste Certificate - Inter-Caste Marriage - Child's Caste - The question was whether a child born to an inter-caste marriage is entitled to the caste certificate of the mother belonging to a Scheduled Caste when the father belongs to a forward community and the child is brought up by the mother in the Scheduled Caste community - Held that the child's caste is determined by the parent with whom the child is brought up and the community in which he is accepted, not by the father's caste alone - The Mamlatdar's order cancelling the certificate was set aside (Paras 2, 6-10).
Issue of Consideration
Whether the Designated Authority was correct in discarding the petitioner's entitlement to a caste certificate issued to him as belonging to the reserved category of his biological mother, and not being foisted with the caste of his father, who belonged to the forward community
Final Decision
The court allowed the writ petition, set aside the Mamlatdar's order dated 26 February 2021, and directed the respondents to restore the caste certificate dated 16 October 2014 issued to the petitioner as belonging to Hindu Chamar caste.
Law Points
- Caste of child born to inter-caste marriage determined by parent with whom child is brought up
- not by father's caste
- Designated Authority must consider social upbringing and community acceptance
- Scheduled Caste certificate cannot be cancelled solely on basis of father being forward caste
