Mumbai: The Bombay High Court has dismissed a petition seeking a caste certificate based on the mother’s caste while directing the Maharashtra government to consider modifications to the ‘AapleSarkar’ portal for exceptional circumstances.
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A division bench of Justices Ravindra V. Ghuge and Ashwin D. Bhobe examined the petition filed by Swanubhuti Jeevraj Jain, who sought a caste certificate based on her mother’s OBC (Shimpi) status, despite her father belonging to the forward Jain community.
The court raised significant concerns regarding the petitioner’s claims, stating, “We have stumbled across such factors in this case that we are convinced the petitioner has tried to mislead us.”
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Analyzing her background, the court noted that she had lived with both parents, studied at reputed institutions, and had her education funded by her father, a Bank of Maharashtra officer. The court emphasized, “Obviously, after leading a life in an upper-caste father’s house, having taken education in reputed schools and colleges, she had an advantageous start in life and now desires to take advantage of her mother’s reservation.”
The court also highlighted that the petitioner’s mother obtained her OBC certificate only in April 2022, after which the petitioner promptly applied for her own certificate in July 2022. This timing coincided with her unsuccessful attempts at competitive examinations under the general category.
While dismissing the main petition, the court directed the Maharashtra government to consider modifying the ‘AapleSarkar’ portal to allow applicants to provide maternal caste details in exceptional circumstances. The court stated, “It would be appropriate for the Government to constitute a proper committee, assisted with data and information, to consider whether a clause for exceptional circumstances can be incorporated into the ‘AapleSarkar’ portal.”
Mr. Aditya Pratap, along with Ms. Abha Singh, appeared for the petitioner, while Mr. V.M. Mali, AGP, appeared for the state.
Case Title: Swanubhuti Jeevraj Jain v. State of Maharashtra & Ors.
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