The Himachal Pradesh High Court has reiterated that a person who does not belongs 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 bench of the Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel upheld the order of authority whereby Scheduled Tribe certificate issued in favour of an upper caste woman, who married a Scheduled Tribe man, was cancelled and employment obtained by her on the strength of said certificate was terminated.
The bench observed: “While the issue is no longer res-integra, for it stands settled by Hon’ble Supreme Court of India in its several decisions, but however, since repeatedly it keeps on cropping, not only with regard to ladies who otherwise do not belong to a Scheduled Tribe but marry a person belonging to a Scheduled Tribe, but also with regard to ladies, who do not belong to a Scheduled Caste but marry a person belonging to a Scheduled Caste, we endeavor to reiterate the law, as stands laid down by the Hon’ble Supreme Court of India.”
In this case, the lady had joined as a primary teacher under the Kendriya Vidyalaya Sangathan in the year 1986. After 25 years of being in service, she was charge sheeted to the effect that she had gained appointment by submitting a false caste certificate against the post reserved for a Scheduled Tribe category. Later her Scheduled Tribe certificate was cancelled by the authorities on the ground that by birth, she did not belong to a Scheduled Tribe category, for she hailed from an upper caste family. She was also dismissed from service. She challenged this order before the high court. Her plea was dismissed.