Status after marriage

@Querist,

Department is right in saying that the wife in question cannot avail of advantages given under SC.These schedule caste are subject to change as per the state schedule caste list.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Dear Sir

I think  I was not able to explain my point.  The thing is like that - one BC (tailoring class) girl marries to a boy who is having a domicile of himachal but belongs to a tailoring class (this caste is SC in himachal).  After marriage, she also becomes a resident of himachal.  My point is that if her caste comes under SC in himachal, why cant she be treated as SC because after marriage her caste is not going to be changed.  Only caste's status is changing.  You see, if Supreme Court says that if A caste is a SC in one state and  one person from A caste starts living in another state where his caste comes under BC, he will be treated as BC and not SC in the other state.  Similarly, why a person from B caste which comes under BC in one state, if starts living in another state where his caste comes under SC, why he cannot be given the status of SC.  It is as simple as that.  If you can snatch his status for not giving him caste benefit, why cant he be given benefit in other state where his caste is treated as lower caste.  Now kindly guide.

If you think proper  kindly also read

1.  Supreme Court of India   (FILE ATTACHED)

Bench: B Kumar, A Kumar

CASE NO.:

Appeal (civil) 4684 of 2001

PETITIONER:

Chandigarh Administration and Anr.

RESPONDENT:

Surinder Kumar and Ors.

DATE OF JUDGMENT: 27/11/2003;    and

2.      State of Uttarachal   v.    Sandeep Kumar Singh 2010(12) SCC 794, Civil Appeal 4494 of 2006 decided on 7.10.2010 

Thanks]

Ajit Singh Randhawa

9988004782

@Querist,

Probably,you have missed the line in judgement-

"It is also clarified that a Scheduled Caste/Schedule Tribe person who has migrated from the State of origin to some other State for seeking education, employment etc. will be deemed to be Scheduled Caste/ScheduledTribe of that State and will be entitled to derive benefit from the State of origin and not from the State inwhich he has migrated."

Also,the fact remain un-noticed by you that appeal faild in the judgement.

Secondly,Schedule means declared by a State and this may vary State to State. It's not the matter of snatching the based upon the reasonable classification.

Also you can go through this kind of topic discussed in one of our earlier thread.Search for 'Reservation benefit'.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

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