GEETA DATTATRAY ACHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) An interesting question has arisen in this petition which pertains to ascertaining the caste of an adopted child. This question has arisen on the background that the parents of the adopted child are not known. He was abandoned and was thereafter adopted by the present Petitioner, being the adoptive mother. She along with her husband Dattatray have made an application before the District Court, Pune as per the provisions of what was then 'The Juvenile Justice (Care and Protection of Children) Act, 2000'. One 'Society for Friends of the Sassoon Hospital'' (SOFOSH) was also a co-applicant.

(2.) The District Court after completing the procedure as per the order dtd. 22/8/2014 has passed the following order:-

(3.) The Petitioner belongs to Special backward category and accordingly on her application Dy. Collector, Pune has granted caste certificate in favour of the adopted son Om on 19/6/2017. There was a complaint by an unknown person that the Petitioner has obtained the caste certificate on the basis of false documents. The Sub-divisional officer conducted an enquiry and as per his order dtd. 21/2/2018 cancelled the caste certificate. The appeal filed on behalf of the Petitioner was dismissed by Caste Scrutiny Committee, Pune as per their order dtd. 31/12/2018. There is a challenge to this decision by way of this petition.