Tuesday, November 23, 2010

[ZESTCaste] Inter-caste marriage doesn’t confer SC/ST status: HC

http://www.asianage.com/delhi/inter-caste-marriage-doesn%E2%80%99t-confer-scst-status-hc-881

Inter-caste marriage doesn't confer SC/ST status: HC

Nov 24, 2010 - SUCHITRA KALYAN MOHANTY | New Delhi

Saying that women of forward castes cannot claim Scheduled Caste or
Scheduled Tribe status after getting married to men belonging to
either of the two communities, the Delhi high court has upheld an
order of the Central Administrative Tribunal (CAT) rejecting the
Kendriya Vidyalaya Sangathan's decision to dismiss from service a
woman recruited under the reserved quota for the STs.

A division bench comprising Justices Pradeep Nandrajog and Siddharth
Mridul upheld the decision of the CAT saying that the Sangathan was
very lax in recruiting the woman and then woke up from deep slumber 15
years later to take action against her.
Another factor which went in favour of the woman was a ruling of the
Supreme Court, which said that the court has to make a distinction
between those who get jobs under the quota meant for persons belonging
to the two communities by committing fraud upon the authorities and
those who have availed of the benefit believing that they have been
admitted to either of the two communities by getting married to men
belonging to one of them.
The Sangathan had appointed one, Shanti Acharya Sisigi, as a primary
teacher way back in 1988 under the reserved quota meant for ST
candidates.
She had also produced relevant certificates issued by the deputy
commissioner of Singhbhum in Jharkhand. She had got married to a
person belonging to the Munda community. Fifteen years later, the
sangathan issued a notice to the woman challenging her claim that she
belonged to ST.


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