CASE NAME: Mrs. Geeta Dattatray Achari v/s State of Maharashtra and others
CASE NUMBER: Writ Petition No. 14840 of 2022
COURT: High Court of Judicature at Bombay
DATE: 29 January 2026
QUORUM: Justice M.S. Karnik, Justice S.M. Modak
FACTS
The present petition pertained to ascertain the caste of an adopted child, who was abandoned by the biological parents and are not known. The adoptive mother, herein the petitioner, along with her husband Dattatray and Society for Friends of the Sassoon Hospital (SOFOSH) as a co-applicant, made an application before the District Court of Pune, which upon the completion of the due procedure through order dated 22 August 2014 allowed the application, declared the birth date of the adopted child, Om Dattatray Achari as 5 February 2010, declared the proposed adopters Mr. Dattatray Waman Achari and Mrs. Geeta Dattatray Achari as the adoptive parents and directed the issuance to the birth certificate of Om. The petitioner belonging to Special Backward Category, through her application to Deputy Collector, Pune was granted the caste certificate in favour of Om on 19 June 2017. A complaint was raised by an unknown person that the Petitioner had obtained the caste certificate on the basis of false documents. The sub-divisional officer conducted an inquiry and as per his order dated 21 February 2018, the caste certificate was cancelled. The appeal filed on behalf of the Petitioner was dismissed by Caste Scrutiny Committee, Pune, through their order dated 31 December 2018. The present petition challenges this order.
ISSUES
- Whether an adopted child, whose biological parents are unknown, is entitled to a caste certificate reflecting the caste of the adoptive parents.
- Whether the order of adoption passed by the District Court and consequent entry made in the birth register by the Corporation’ can be considered as sufficient documents to prove that the caste of the adopted child is that of his adopted parents.
- Whether the cancellation of the caste certificate by the Scrutiny Committee was legal.
LEGAL PROVISIONS
- Section 3 and Section 6 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste) Certificate Act, 2000 (for short ‘the Caste Validity Act of 2000’) which states the application for issuance of caste certificate and its verification by the Scrutiny Committee.
- Rule 4 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste) Certificate Rules 2012 (for short ‘Rules of 2012’) which lays down the procedure for obtaining caste certificate.
- Section 2 (aa) and Section 41 of the Juvenile Justice (Care and Protection of Children) Act of 2000 which contains the meaning of adoption and the provision for adoption of orphan, abandoned and surrendered children.
- Section 63 of the Juvenile Justice (Care and Protection of Children) Act of 2015 which deals with the effect of adoption.
ARGUMENTS
PETITIONER:
The counsel on behalf of the petitioner contended that the issue involved in this petition is covered by the observations made in the case of Dr. Sonal Pratapsingh Vahanwala v/s Deputy District Collector (Encroachment) Dharavi Division and others 2022 SCC OnLine Bom 628. It was submitted that when the parents of adopted child are not known and there is valid adoption, the caste of the adopted child would be the same as that of the adoptive parents.
RESPONDENTS:
The counsel for the Respondents supported the impugned order and contended that there is no provision in the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste) Certificate Act, 2000 for the grant of Caste Certificate of adopted child.
ANALYSIS
Upon considering the arguments advanced and the materials submitted, the Honourable Bench stated that Section 3 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste) Certificate Act, 2000 provided that a person who intends to seek benefit of reservation on the basis of caste can make an application for the issuance of caste certificate before the competent authority. As per provision of Section 6 of the said Act, the caste certificate has to be verified by Scrutiny Committee. The Bench recognised that the Juvenile Justice Act of 2000 was in force when the order was passed by the District Court on 22 August 2014. The effect of adoption was determined through as per the 2000 Act. Although the Act was repealed by 2015 Act, the relevant provision consisting of the effect of adoption was contained in Section 63 which stated that the effect of adoption is severing of ties of such child from his family of natural parents and it is replaced by creating ties with the family of adoptive parents. A similar provision, though was not laid down in the JJ Act of 2000, it could be supported through Section 2 (aa) of the Act.
The Bench stated that the Committees have not considered the legal effect of adoption as contemplated in the mentioned provision of JJ Act of 2000. Considering this perspective, the decision of the Committee needs to be set aside and the child needs to be given the legal status as being the adoptive child and has to be given the same status as his adoptive parents of belonging to the Special Backward Category. The provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste) Certificate Act, 2000 has to be considered along with the provisions of the Juvenile Justice Act of 2000.
JUDGMENT
The Honourable Bench of the Bombay High Court allowed the Present Writ Petition and held the Order dated 21 February 2018, passed by the Sub-Divisional Officer and the Order dated 31 December 2019 passed by the District Caste Certificate Scrutiny Committee to be set aside. Respondent No. 3, Scrutiny Committee was directed to issue caste validity certificate to Om Dattatray Achari being a member of Special Backward Category within four weeks of communication of the order.
CONCLUSION
It could be concluded that this judgment is a precedent that sets to establish that a successful adoption procedure results in the formulation of new ties and legal rights of the adopted child with the family of adoptive parents, replacing the old ties which stands severed of his family of natural and biological parents. It recognizes that an adopted child has legitimate right, privileges and responsibilities attached of the parental relation and becomes the legitimate child of the parents. The adopted child is awarded the same status as that of the adoptive parents.
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WRITTEN BY: STUTI ANVI
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