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Caste Of A Child Born To Inter-Caste Couple Could Depend Upon The Circumstances In Which The Child Was Brought Up: AP HC [Read Judgment]

It is clear that the Supreme Court did not say that a child born to a couple, who married transgressing the barriers of Caste, would take the community of his or her father and not that of his or her mother, the Bench said.

What would be the caste of a child, whose father belonged to a Forward Community and mother from a Scheduled Caste Community? Normal presumption is that his/her caste would be that of her father. The question whether such a child can have caste of her mother, and whether such a certificate issued by Revenue authority is legal, has been answered by a Division Bench of Andhra Pradesh High Court in the affirmative.

Sabbella Siri Manjoosha Reddy, had approached the High Court challenging the decision of University which denied her admission to under-graduate medical courses under the quota reserved for Scheduled Castes, even though she possessed a community certificate by the Tahsildar stating that she belongs to SC community.

The Division Bench comprising of Justices V. Ramasubramanian and Anis referring to Apex Court decision in Rameshbhai Dabhai Naika Vs. State of Gujarat observed: “It is clear that the Supreme Court did not say that a child born to a couple, who married transgressing the barriers of Caste, would take the community of his or her father and not that of his or her mother. On the contrary, the Supreme Court categorically pointed out that the answer to the question would depend upon the circumstances in which the child was brought up and that the same was primarily one of facts.”

The High Court also observed that University cannot disregard certificate issued by competent authority and cannot question its validity. The Court added: “In so far as the case on hand is concerned, the petitioners mother has sworn to an affidavit in support of the writ petition claiming that after her marriage, she stayed only with her family in her Village and that the children were brought by her, according to the customs and practices prevailing in the community. It is, perhaps, on the basis of such a claim that the Revenue Department chose to issue the community certificate to the petitioner.”

Read the Judgment here.

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  • […] Caste Of A Child Born To Inter-Caste Couple Could Depend Upon The Circumstances In Which The Child W… […]

  • SEKHAR REDDY says:

    MY NAME SEKHAR REDDY. I AM BELONGS TO OC REDDY COMMUNITY. MY WIFE BELONGS TO BC (D) COMMUNITY. MY SON CAN GET BC (D) COMMUNITY CERTIFICATE. KINDLY REPLY TO MY MAIL ADDRESS TO ushodayaeducationalservices@gmail.com

  • Sebkhar reddy says:

    My name sekhar reddy belongs to oc reddy community. My wife belongs to BC (D). . MY SON CAN GET HIS MOTHER COMMUNITY BC (D) CERTIFICATE. KINDLY REPLAY TO MY MAIL ID TO ushodayaeducationalservices@gmail.com

  • Rajeswari says:

    My name is Rajeswari, i am Kongu vellala gounder(BC) i married Nair(OC) person but i want to get community certificate for my girl baby with Kongu vellala gounder. how? help me

  • Edina says:

    My name is Maddi konda edina ,IAM S.T,I MARRIED B.C CAST PERSON, SO HE LEAVED ME, NOW IM LIVING LIKELY WITH MY SON, SO CAN I APPLY S.T CERTIFICATE TO MY SON

  • Arun.K says:

    Sir, I’m arun.Kindly give an advice regarding my querry.
    Sub:Non-Creamy layer Certificate in case of Inter-Cast marriage.

    My father belongs to Nair,And my Mother is OBC(Ezhava).
    Born and brought up in Ezhava community.
    My father died when I was 6 years old.
    All of my certificates are in Ezhava,Now i have required Non-creamy later certificate for a job purpose. Sir kindly advise am I eligible for the same??????????
    Awaiting your kind reply

    • Pran says:

      I am GC cast and my wife is SC. My daugther wants to her mother cast and daugther age is 18 years. Can it possibe choice cast of my daugther

  • Mandakini says:

    What will be the cast of a children after inter cast marriage suppose father is backward cast and mother is forward cast and the child brought up in mother’s environment.

  • Ramesh chsndrs says:

    In brahaman women marry with scheduled cast parson what status of cast for mother and children be

  • shaik.dadaji says:

    though we are shaiks ,we shifted from Kakinada to rural village,there my caste was enterd in admission records as dudekula.I have completed my studies.but my cousins are continued as shaiks.but I don’t want to continue as dudekula,I don’t want entertain reservation.i want to change my childrens caste as shaik,let me know the procedure

  • ROHITH says:

    My father belongs to SC my mother belongs to brahmin.. nw i married to brahmin girl as per my moms wish .. nw we gave birth to girl child .. i want her caste to be in brahmin .. is this legally possible .. because i have been went to brahmopadesha .. even after gtng SC certificate .. we dont want any benefits from govt for my child .. as i suffered lot due to caste and ritual differences

    • Sr. Adv GUDIMALLA RAViKUMAR says:

      Sir, it is ur prerogative to opt any of the caste nothing bars you to have your father caste . With all happiness u can cancel ur certificate and simply mention oc in caste colum.
      Sr. Adv GUDIMALLA RAViKUMAR

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