Caste determined by birth, not by marriage: Supreme Court

270
supreme court
supreme court

According to the Supreme Court, a person’s caste can not be changed and it can not be changed even after marriage. Actually, a female teacher appointed in the Central School 21 years ago was taking advantage of the reservation after getting married with a Scheduled Caste person. Supreme Court has ruled this decision after taking cognizance of the matter.

Justice Arun Mishra and MM Shantanagowdar’s Bench told the woman that she does not have the ability to take advantage of the reservation because she was born in a higher caste and after getting married with scheduled caste person, she will be called the same caste. The lady in now on the position of Vice President after serving the school for the past two decades.

The Bench said, “There is no dispute on this matter that anyone’s caste is determined by his birth, not from marriage. The woman was born in aggarwal family which falls in the general category not in the Scheduled Castes.”

In 1991, the District Magistrate of Bulandshahr had issued a caste certificate to this woman in which she declared of Scheduled Caste. In 1993, she was appointed as a postgraduate teacher at Kendriya Vidyalaya, Pathankot, Punjab.

After two decades of his appointment, a complaint was filed for cancellation of her appointment, it was said that she was illegally availing the reservation. After the investigation, the authorities canceled the caste certificate of the woman and were terminated her from the job in 2015. Challenging this decision, the woman filed a petition in Allahabad High Court where she was dismissed. After that she knocked on the Supreme Court.

The Supreme Court has scrutinized the whole matter and amended the order of the High Court.

Lawyers In Bangalore

Comments

comments