reservation extension to general category
sarvesh
(Querist) 04 August 2009
This query is : Resolved
1. Can the benefits of reservation be extended to a girl who belongs to general category and has married to a boy who belongs to schedule caste.
2. How the reservation certificate will be issued by the authorities, if answer to 1 is positive.
Advocate SK Rohilla New Delhi
(Expert) 04 August 2009
NNNNNNNNNNNNNNoooooooooooooooooooooooo.
A person cannot take the benefit of reservation for scheduled castes by virtue of inter-caste marriage. Giving benefit of caste-based reservations to person who does not belong to a schedule caste by birth, but has only married into a schedule caste, can and will only frustrate the policy. The acquisition of status of SC/ST by marriage for purpose of benefit amounts to a fraud upon the Constitution.
Kiran Kumar
(Expert) 04 August 2009
Rohilla g is right, by marrying in a SC or ST or OBC family a gal, from general category, can not take advantage of the Reservation policy.
but her children will be entitled to avail such benefit.
till then the second question requires no answer.
charudureja
(Expert) 04 August 2009
Answers given by MR.Rohilla n Mr kiran are right. one can not get the benefit by marrying in SC though the children if father belongs to SC/St then children to belong to same caste and hence are entitled to the benefit bt wife is not.
Manish Singh
(Expert) 10 August 2009
Dear Members,
I would like to point out some Sc rulings, amongst many, wherein the apex court has held that a woman acquires the caste of her husband but the benefits do not confer on her automatically unless she goes through the disabilities which are associated to that caste and then only she can claim the benefits of that caste. also acceptance by that caste or community people play an integral part of the same. please go through the follwing excerpts :
In the case of Valsamma Paul (Mrs.) vs. Cochin University and others (1996) 3
SCC 545 this Apex Court examined the entire gamut and came to the conclusion
that the condition precedent for acquiring Scheduled Tribes Certificate one must
suffer the disabilities - Socially, Economically and Educationally.
In "Anjan Kumar vs Union Of India & Ors (SC)" decided on 14 February, 2006, it was held that "However, the woman (if she
belongs to forward class) cannot automatically attain the status of tribal
unless she has been accepted by the community as one of them, observed all
rituals, customs and traditions which have been practiced by the tribals from
time immemorial and accepted by the community of the village as a member of
tribal society for the purpose of social relations with the village community.
Such acceptance must be by the village community by a resolution and such
resolution must be entered in the Village Register kept for the purpose. Often
than not, such acceptance is preceded by feast/rituals performed by the parties
where the elders of the village community participated. However, acceptance of
the marriage by the community itself would not entitle the woman (Forward class)
to claim the appointment to the post reserved for the reserved category. It
would be incongruous to suggest that the tribal woman, who suffered
disabilities, would be able to compete with the woman (Forward class) who does
not suffer disabilities wherefrom she belongs but by reason of marriage to
tribal husband and such marriage is accepted by the community would entitle her
for appointment to the post reserved for the Scheduled Castes and Scheduled
Tribes. It would be a negation of Constitutional goal."
