Himachal Pradesh High Court has held that a woman who does not belong to SC/ST category by birth cannot gain the status by simply marrying to a person belonging to such a category.
Dismissing a petition filed by a woman born in upper caste, the 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.”
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 ST 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 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.