JOIN USJustice S Ravindra Bhat said, "There is imminent need for him to give blood sample to conduct the scientific test."
The court turned down the 85-year-old former Andhra Pradesh Governor's plea that he cannot be forced to undergo the DNA test, saying it is the right of a child to know his or her biological father.
"...It is not in the interest of the child to be declared a bastard," the court said.
Justice Bhat passed the order on a paternity suit filed by 31-year-old Rohit Shekhar, claiming to be biological son of Tiwari.
In his order, Justice Bhat said there is need for a conclusive finding to establish the paternity of a child through scientific test.
The judge said that the larger interest of the child has to be taken into consideration while deciding such cases.
"Wider interest of child of not being declared bastard has to be kept in mind," the court said.
Referring to Supreme Court verdicts, Justice Bhat said, "There is no violation of the right to privacy of third party (Tiwari) by directing such test."
"The court is of the opinion that there is imminent need to give blood sample (by Tiwari) to verify paternity of a young man claiming to be his son," he said.
The court also referred to Rohit's foster father B P Sharma who had voluntarily undergone DNA test and it was found that Rohit is not his biological son.
The court asked Tiwari, Rohit and his mother to appear before the Joint Registrar for completing the formalities regarding the medical test.
Rohit and his mother, Ujjwala Sharma, who were present in the court during the pronouncement of the order, termed the direction as their "victory".
"Everything would become clear after Tiwari undergoes DNA test," Rohit said, adding he was hoping that Tiwari, who is not keeping well, will recover soon.
"My son has always been eager to know the name of his biological father. This verdict has given an answer to my son," Ujjwala said.
The court had on September 21 reserved its order in the case. Tiwari, a former chief minister of Uttar Pradesh and Uttarakhand, had vehemently opposed the plea of the petitioner and submitted that he could not be forced to undergo the DNA test.
Countering the allegations, Tiwari had said he never had any physical relationship with Ujjwala, who is also a Congress activist.
"The plaintiff (Rohit) is not entitled to seek a DNA test as a matter of right. The same is contrary not only to the law but also to equity," Tiwari's lawyer had contended.
The High Court had earlier rejected Tiwari's plea for dismissal of the petition on the ground that it was filed 31 years after Rohit was born in order to malign his image.