Womans caste after marriage
prasanna
(Querist) 18 March 2013
This query is : Resolved
dear sir wishes for the day, i am house wife who hadbeen preparing for competetive exams like bank pos or other govt sector jobs.
I am a woman belonging to obc category, who can claim the benefits of obc reservation, i had married a person who works for public sector bank belongs to a general category, my question is after marriage whether i can claim the benefits of my obc reservation or not, plz let me clearified regarding this issue as very ambituous in getting a govt sector job. Plz help me regardng this
Adv k . mahesh
(Expert) 18 March 2013
The Full Bench of the Bombay High Court in Rajendra Shrivastava vs. State of Maharashtra, (2010) 112 Bom LR 762
and the Full Bench held as follows:-
"When a woman born in a scheduled caste or a scheduled tribe marries to a person belonging to a forward caste, her caste by birth does not change by virtue of the marriage. A person born as a member of a scheduled caste or a scheduled tribe has to suffer from disadvantages, disabilities and indignities only by virtue of belonging to the particular caste which he or she acquires involuntarily on birth. The suffering of such a person by virtue of caste is not wiped out by a marriage with the person belonging to a forward caste. The label attached to a person born into a scheduled caste or a scheduled tribe continues notwithstanding the marriage. No material has been placed before us by the applicant so as to point out that the caste of a person can be changed either by custom, usage, religious sanction or provision of law."
The Hon'ble Supreme Court of India in Rameshbhai Dabhai Naika Vs State of Gujarat & Others ( CIVIL APPEAL NO. 654 OF 2012- Decided on January 18, 2012) was pleased to endorse the above view of the Full Bench Judgment of the Bombay High Court. The Supreme Court was also pleased to observe that the view expressed earlier by the Supreme Court in Valsamma judgment that in an inter-caste marriage or a marriage between a tribal and a non-tribal the woman must in all cases take her caste from the husband, as a rule of Constitutional Law is a proposition, the correctness of which is not free from doubt."
However, the question is: Whether a woman marrying a Scheduled Caste/Scheduled Tribe/OBC citizen becomes entitled to claim reservation under the SC/ST/OBC quota? The answer is: No. The Supreme Court of India has held that a candidate who had the advantageous start in life being borne in a forward community and had march of advantageous life but is transplanted in backward class by adoption, marriage or conversion does not become eligible to the benefits of reservation.
i think you are made clear that by birth you are in reservation category and marriage does not change your status and you can enjoy the OBC category but your children will not enjoy the status of reservation and they have to follow their father general category
prabhakar singh
(Expert) 18 March 2013
Mr.K Mahesh has rightly opined to which i agree.
R.K Nanda
(Expert) 18 March 2013
agree with experts.
ajay sethi
(Expert) 18 March 2013
well advised by mahesh
Devajyoti Barman
(Expert) 18 March 2013
After marriage also you can take benefit of reservation.
For this refer to the case of supreme court-
CIVIL APPEAL NO. 654 OF 2012
(Arising out of S.L.P (CIVIL) NO.4282 of 2010)
Raj Kumar Makkad
(Expert) 18 March 2013
I do agree with barman in the light of given judgment of Supreme court of India
Sudhir Kumar, Advocate
(Expert) 27 April 2013
consult
http://www.lawyersclubindia.com/experts/obc-reservation-for-psus-388631.asp
