R UMA DEVI Vs. PRINCIPAL KURNOOL MEDICAL COLLEGE KURNOOL
LAWS(APH)-1992-9-36
HIGH COURT OF ANDHRA PRADESH
Decided on September 28,1992

R.UMA DEVI Appellant
VERSUS
PRINCIPAL, KURNOOL MEDICAL COLLEGE, KURNOOL Respondents

JUDGEMENT

- (1.)At issue, in this writ petition is as to whether the petitioner who was born in a Vysya caste, which is a forward community retains her social status as such even after marriage to a person of different caste.
(2.)In the instant case, the petitioner; though a Vysya by birth and was admitted into M.B.B.S. course under open category as at that time she was unmarried, after marriage to a person belonging to Besta (Fishermen) community which is a B.C. 'A' category has sought for admission into Post-Graduate Medical course (D.G.H) mentioning her social status as B.C. 'A' category as that of her husband and the same was granted and she had also paid the necessary fee in that regard. The petitioner had secured 153 marks and was assigned 67th rank. She did not misrepresent anything and has stated that she is a B.C. 'A' candidate as her husband was from a Besta caste. After admission, by proceedings dated 1-7-1992 she was issued with a notice proposing to cancel her selection oh the ground that she belongs to open category on the basis of her father's caste arid does not belong to B.C. 'A' category, even though her husband is from B.C. 'A' category. After cancellation of her seat, the same is sought to be given to the third respondent, who also claims from B.C. 'A' category and is supporting the action of respondents 1 and 2 in seeking to cancel the admission which was granted to the petitioner herein.
(3.)It is pertinent to mention that while the petitioner had secured 67th rank, the third respondent had secured 85th rank. Taking caste-wise consideration, it is needless to mention that the petitioner's selection into the course is an automatic choice and that was what was done But the same is sought to be taken away On the ground that still her social status is to be reckoned only on the basis of her father's caste and not that of her husband's. In the counter-affidavits filed on behalf of respondents 1 and 2 as also the third respondent herein, it is stated and reiterated that, irrespective of marriage of the petitioner to a person: belonging to 'Besta' community which Comes within the category of B.C. 'A', she is governed by her father's caste, and as such her admission is liable to be cancelled. They also base their contention on executive instructions of the Government of India and the interpretation of a Government order issued by the Government of Andhra Pradesh during 1976 stating that only offspring's born of inter-caste marriages are entitled to opt for status of either of the parents and that it is not extended to a woman belonging to forward caste who marries a person belonging to backward class.
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