Consider Enabling Citizens To Rely On Documents Of Mother's Caste For Adopting Her Caste: Bombay High Court Tells Maha Government

The Bombay High Court recently ordered the Maharashtra government to consider if a clause in 'exceptional circumstances' can be introduced in the 'Aaple Sarkar' the official portal, to enable a citizen, seeking a caste certificate based on the social status of his or her mother, to upload documents of their mother's social status.

'Aaple Sarkar' is the official website of the State government which provides various beneficial schemes for citizens and also enables them to lodge grievances.

A division bench of Justices Ravindra Ghuge and Ashwin Bhobe ordered the State to provide the clause enabling citizens to upload documents of their mother's social status while dealing with a plea filed by a petition filed by 30-year-old woman -  Swanubhuti Jain, who urged the court to direct the State authorities to issue her an Other Backward Classes (OBC) caste certificate based on her mother's caste. 

The petitioner also sought a direction on the State to allow her to upload the documents of her mother's social status since the portal only permits one to upload caste documents of the father. 

"We call upon the State Government to consider the said aspect and since it involves a decision to be taken by the Government, it would be appropriate for the Government to constitute a proper committee which is assisted with data/information, so as to consider, whether a clause in exceptional circumstances, can be entered in the 'Aaple Sarkar' portal to enable an applicant to tender the details of the mother's social status," the judges said in the order passed on February 10. 

As far as the petition is concerned, the bench dismissed the same after noting that Jain had filed the same to 'self-serve' her own purpose i.e. to get age relaxation in competitive exams. 

The judges while referring to various rulings of the Supreme Court in such cases, noted that an individual could be permitted to seek caste certificate based on the mother's caste only when the father and the mother do not live together, the mother is destitute and single-handedly raised the child etc. 

The judges noted that the petitioner's father belonged to Jain community which falls in 'open caste' and her mother was from an OBC category. However, the petitioner and her mother lived with the father throughout their lives and even till date.

However, in the instant case, noted that the petitioner's father married her mother in early 1990, had a family of his own, has a good job in the Bank of Maharashtra and the address of the family members is the same even today.

"This Petition has been filed for self serving purposes. We also sense that an attempt to misrepresent has been made. However, we wish to give a 'quietus' to this issue," the bench said.

The observation was made to the reason given by the petitioner for seeking to adopt her mother's caste - that she would be getting age relaxation for appearing in competitive exams.

"The father has been funding the education of the Petitioner. This clearly indicates that after completing her graduation at the age of 21-22 years, she made various attempts in the competitive exams, and failed. As per the contention of the Petitioner that, she has been appearing for several competitive exams on the basis of her father's social status of being a Jain falling in the open category and having failed in securing a job in any of the competitive exams. Obviously, after leading a life in an upper caste father's house, having had taken education in reputed schools and colleges, she had an advantageous start in life and now she desires to take advantage of her mother's reservation," the bench observed. 

With these observations, the bench dismissed the petition. 

Appearance:

Advocates Aditya Pratap and Abha Singh instructed by Aditya Pratap Law Offices appeared for the Petitioner.

Assistant Government Pleader VM Mali represented the State.

Case Title: Swanubhuti Jain vs State of Maharashtra (Writ Petition 9195 of 2024)

Citation: 2025 LiveLaw (Bom) 66

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