Child Of Inter-Caste Parents, Raised Alone By Backward-Caste Parent Can Be Considered ‘Backward’ Only If He Faced Caste Bias: Bombay HC
The Bombay Excessive Courtroom has dismissed a scholar’s plea searching for a caste validity certificates beneath the Scheduled Caste class primarily based on his mom’s caste, holding that there was no materials to point out he suffered any discrimination, deprivation, or drawback to warrant such recognition.
A division bench of Justices Revati Mohite Dere and Dr. Neela Gokhale was listening to a writ petition filed by Sujal Mangala Birwadkar difficult the order dated April 15, 2024, handed by the District Caste Certificates Scrutiny Committee, which had rejected his declare for recognition as belonging to the Chambhar (SC) neighborhood.
The petitioner was born to a Hindu Agri father (a non-SC caste) and a Chambhar mom. His dad and mom divorced in 2016, and he thereafter adopted his mom’s surname and recognized himself as Chambhar in subsequent college data. The competent authority issued him a Chambhar caste certificates in 2023, which was then referred for verification. The Scrutiny Committee rejected the declare, discovering that the petitioner had not suffered any drawback or social exclusion attributable to his mom’s caste standing.
Referring to the division bench judgment in Swanubhuti Jivraj Jain v. State of Maharashtra [2025 SCC OnLine Bom 322], the Courtroom reiterated that an individual born to oldsters belonging to completely different castes should set up particular information indicating that they confronted social discrimination, insults, or deprivation linked to the SC id. The petitioner on this case failed to take action.
“…your complete nurturing and upbringing of the Petitioner, though has been achieved by his mom, doesn’t seem like that of deprivation. He had the benefit of his father’s higher caste throughout his education days and his caste was recorded as ‘Hindu Agri’ in his college data. His mom all through her profession continued to be employed by the Central Police Mumbai Port. There may be nothing on document to point that the Petitioner’s mom suffered any humiliation, which was manifested onto the Petitioner,” the courtroom noticed.
The Courtroom additional remarked that the Petitioner had good schooling, was by no means discriminated in opposition to, and didn’t endure any disadvantages on account of his mom belonging to a Scheduled Caste neighborhood. He didn’t endure any handicap and did have an advantageous begin in life.
Consequently, the writ petition was dismissed.
Case Title: Sujal Mangala Birwadkar v. State of Maharashtra & Ors. [Writ Petition No. 13016 of 2024]
