ROHAN NANDAKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is filed by the petitioner for an appropriate writ, direction or order, quashing and setting aside a Resolution of the Government of Maharashtra, dated 7th May, 1999, to the extent that it deprives children belonging to Backward class of concessions and benefits to which they are entitled.

(2.) THE petitioner is a minor. He has filed this petition through his mother mrs. Padmini Nair (Nashikkar), residing at Nasik, The case of the petitioner is that his mother's maiden name was Ms. Mandakini Wamanrao Bodke @. Nashikkar. She belongs to Vanjari Caste which is classified as Nomadic Tribe. Petitioner's father, Nandakumar Bhaskaran, hails from the State of Kerala. His community does not recognize any caste. He, therefore, has no caste. It is the case of the petitioner that he was born and brought up among the family members and relatives of his mother, all of whom belong to Hindu-Vanjari community. The petitioner does not know Keralite customs and traditions of his father. None of relatives of the petitioner's father resides in maharashtra. The petitioner also occasionally visits his relatives from father's side. He, however, is known as Vanjari. The petitioner got admitted to a school by declaring his caste as Hindu-Vanjari. In the school record, his caste is noted as Hindu-Vanjari. At present, the petitioner is studying in 12th standard and would be entering College in the next year. He, therefore, applied for a caste certificate so that he can get admission in a College next year. The petitioner was, however, told that no caste certificate would be issued in his favour in view of the Government Resolution dated 7th May, 1999 (Exhibit-D) which stipulates that in case of inter-caste marriage, the concessions and benefits of the father's caste would be available to children and not of the mother's caste. According to the petitioner, the resolution refers to a decision of the Supreme Court. But the said decision is neither correctly interpreted nor properly applied by the State Government and the petitioner is deprived of concessions and benefits as a member of vanjari caste. He, therefore, is constrained to approach this Court by filing the present petition impugning the resolution being illegal, invalid and ultra vires Article 14 of the Constitution.

(3.) WE have heard the learned Counsel for the parties.