LAKHABHAI RAMBHAI CHAUHAN Vs. DIRECTOR SCHEDULED CUSTE DEVELOPMENT

JUDGEMENT

(1.) Rule. Heard the Counsel for both the sides at length, and, therefore, I proceed to decide this petition finally.

(2.) The present petition is filed by the petitioners to challenge the order passed by respondent No. 1, dated 27-7-1995, by which he refused to issue a certificate in favour of the petitioner No. 2 that he belongs to Scheduled Tribe.

(3.) Admittedly, the petitioner No. 1 Lakhabhai Ramabhai Chauhan is an Adivasi Bhil. The State of Gujarat has recognised Adivasi Bhil community as a Scheduled Tribe. Admittedly, the petitioner No. 2 is not the genitive son of petitioner No. 1. It is the claim of the petitioners that the petitioner No. 1 and his wife have adopted the petitioner No. 2 on 10th February, 1995 as per Hindu religious rites. Petitioner No. 1 Lakhabhai Ramabhai Chauhan and his wife Savitaben are admittedly Adivasi Bhil by birth. It is the claim of the petitioners that as there is a valid and legal adoption of petitioner No. 2 by petitioner No. 1 and his wife, in view of the provisions of Sec. 12 of the Hindu Adoption and Maintenance Act, the petitioner Bavkubhai Lakhabhai Chauhan would also become an Adivasi Bhil. It is contended before me by the learned Advocate for the petitioners that the District Court, Amreli has declared in a Civil Misc. Application No. 3 of 1995 that there is a valid adoption of petitioner No. 2. The respondent No. 2 was not justified in observing in his order while rejecting his application to issue certificate that there is valid and legal adoption of the petitioner No. 2. But it is not at all necessary to go into controversy as to whether there was legal and valid adoption of the petitioner No. 2 by petitioner No. 1 for the purpose of finally deciding his petition. I will proceed by holding that there is a valid and legal adoption of the petitioner No. 2 by petitioner No. 1 and his wife and proceed to consider as to whether the petitioner No. 2 is entitled to get the caste certificate as claimed by him.