Gen category woman marrying ST or SC men not eligible for reservation

No reservation for Gen category women on marrying ST/ST men: HP High Court  

Shimla: The Himachal Pradesh High Court recently rejected a petition filed by a female against the rejection of her Scheduled Caste certificate by the administration after declaring it a fake.

The woman was originally born in a Brahim family of Uttar Pradesh. She married to a man of Chamba’s Gaddi community in 1972 and obtained a certificate declaring her a member of the Schedule Tribe family in 1985.

On the basis of this certificate, she procured the job of a primary teacher at the Kendriya Vidyalaya Sangathan in 1985. After serving for 25 years as a teacher, she was suspended from job after the administration objected to  her recruitment against a post reserved for the ST category candidate and claimed it a fraudulent act.

The woman moved the State High Court against this action. However, the court rejected her petition by stating that by virtue of marrying a man of SC/ST category alone, a woman of upper caste does not gain his status. Thus, she can’t avail the benefits of the reserved seats. 

It is very clear and categorical that a person who does not belong to a Scheduled Tribe or a Scheduled Caste category by birth, simply by virtue of marrying a person belonging thereto cannot gain the status of that particular caste or tribe,

said a division bench of Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel.

The court also made it clear that the reservation is meant for the ST/SC community, which did not get equal opportunity in jobs due to their backward socio-economic background.  

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