Gen category woman married to SC/ST man does not gain his status: Himachal Pradesh HC

Shimla, Nov 13(UNI) Himachal Pradesh High Court held on Monday that a woman, who does not belong to Scheduled Caste/Scheduled Tribe by birth, cannot gain that status by virtue of marrying a man belonging to such category.
A division bench of Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel said, “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.”
Dismissing a petition filed by a women born in upper caste, the court said that woman could not be entitled to be the eligible to claimed Scheduled Tribe category by virtue of marrying a man who belonged to Scheduled tribe before her marriage.
The ruling came on a petition filed by Vijaylakshmi, who had been terminated from the post of a primary teacher in the Kendriya Vidyalaya Sangathan after giving services for around 25 years.
As per the details of the case, Petitioner had got a Scheduled Tribe certificate on March 25, 1985 on the basis of her marriage with a person belonging to Scheduled Tribe category.
On the strength of the said certificate, petitioner joined as a Primary Teacher under the Kendriya Vidyalaya Sangathan in the year 1986. In the year 2011, i e after putting in more than 25 years of service, she was charge-sheeted for gaining appointment by submitting a false caste certificate against the post reserved for a Scheduled Tribe category.
Later, her Scheduled Tribe certificate was cancelled on December 23, 2014 and consequently she was terminated from the job.
During the course of hearing, the bench was told that the petitioner, Vijaylakshmi, did not belong to a Schedule Tribe category, either by birth or upbringing. She is a Brahmin, born in the State of Uttar Pradesh. Also, her upbringing is not in a socially or culturally backward set up.
The court was also told that Scheduled Tribe certificate was obtained by her solely on the strength of her having married a person who belonged to a Scheduled Tribe category.
Dismissing the plea, the Bench said, “admittedly by birth petitioner did not belong to a Scheduled Tribe category, she could not have gained status thereof, by simply marrying a person belonging to such category, we do not find any illegality with the action of the authorities whereby Scheduled Tribe certificate issued in her favour was cancelled and employment obtained by her on the strength of said certificate was terminated.”


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