SUSANTA KR. DAS GUPTA Vs. THE MANAGING DIRECTOR, DURGAPUR STEEL PLANT
HIGH COURT OF CALCUTTA
Susanta Kr. Das Gupta
The Managing Director, Durgapur Steel Plant
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SUHAS CHANDRA SEN,J. -
(1.) This is a writ petition by 141 employees of Durgapur Steel Plant, alleging that the respondent No. 8 Smt. Mina Das has wrongfully been promoted to the post of Head Assistant superseding the petitioners by promotion order dated 25th July, 1978. The case of the petitioners is that Smt. Mina Das originally did not belong to schedule caste and joined service as such. While in service Mina Das married a person belonging to the scheduled caste. The petitioner had no access to the personal file of Mina Das and had no means of knowledge at the time when Mina Das was promoted. The case of the petitioners is that the caste of a person is determined by birth and cannot be changed by marriage.
(2.) THE petitioners have also relied strongly on a circular issued by the Ministry of Home Affairs No. 35/1/72 RU (SCTV) dated the 2nd May, 1975. In that circular it was stated: The guiding principle is that no person who was not a scheduled caste or a scheduled Tribe by birth will be deemed to be a member of a scheduled caste or a scheduled Tribe merely because he or she had married a person belonging to a Scheduled Caste or a Scheduled Tribe.
Similarly a person who is a member of a Scheduled Caste or a Scheduled Tribe would continue to be a member of that Scheduled Caste or Scheduled Tribe as the case may be, even after his or her marriage with a person who does not belong to a scheduled caste or a Scheduled Tribe. This circular has been included in the Brochure on Reservation for scheduled castes and scheduled Tribes in services (sixth Edition) published by Government of India, at page 226.
(3.) THE petitioners' case is that Durgapur Steel Plant was not at liberty to depart from this guide line set down by the Government of India.;
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