- (1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the order Annx. R. 2/1 dated 12-12-1984 issued by the respondent No. 1 and providing her the benefit by treating her to be a lady of Scheduled Caste.
(2.) THE facts of the case, in a succinct, are that the petitioner is holding the qualifications of B. Sc. , Post Graduation in History and B. Ed. Originally she belonged to the category Other Backward Class but on 21-6-1993, she contacted marriage with Devi Singh Nayak, who is a member of Scheduled Caste and placed on record a marriage certificate Annx. 2 issued by Arya Samaj, Jodhpur. She has also produced a Certificate dated 24. 9. 1994 (Annx. 2-A) issued by the Tehsildar, Jodhpur declaring her to be lady of Scheduled Caste. In pursuance to the advertisement issued by the respondent No. 2, the petitioner applied for the post of School Lecturer in History and the Admission Card (Annx. 3) was issued by the respondent No. 2 showing her to be a candidate of "sc, WE". She took the said examination and declared successful. THE respondent No. 2, vide Annx. 8 dated 6-2-2003, while calling the petitioner for interview, asked her to bring all the original certificates including the Certificate of Higher Secondary and Surname Affidavit. She has come with the case that as her father died 23 years ago, she is not in a position to furnish the Caste Certificate and Death Certificate, however as she is "mali" by caste, she is certainly a candidate belonging to Other Bacward Caste" and after contacting marriage with Devi Singh, a member of Scheduled Caste, her candidature may be directed to be considered as a candidate belonging to Scheduled Caste apart from being a Woman Candidate. Hence this writ petition. Separate reply to the writ petition have been filed by the respondents No. 1 and the respondents No. 2 and 3 stressing therein that simply because the petitioner got married with a scheduled caste person, she is not entitled for consideration of her candidature as a Scheduled Caste candidate. In support of this stand, the respondents have placed reliance on the letter dated 12-12-1984 (Annx. R/2/1) issued by the Commissioner for Scheduled Caste & Scheduled Tribes, Ministry of Home Affairs, Government of India, making a clarification regarding the caste status. I have heard learned counsel for the parties and carefully perused the record of the case. It is contended by the learned counsel for the petitioner that after marriage with Devi Singh Nayak, who is a member of Scheduled Caste, the petitioner acquired the status of Scheduled Caste. His further contention is that the competent authority has issued the Caste Certificate Annx. 2-A declaring the petitioner to be a Scheduled Caste lady and as such, she should be provided the benefit of a Scheduled Caste candidate apart from being a Woman candidate. In support of his contention, learned counsel for the petitioner has placed reliance on the decisions of the Hon'ble Supreme Court in N. E. Horo vs. Smt. Jahanara Jaipal Singh, (1972) 1 SCC 771; and Valsamma Paul (Mrs.) vs. Cochin University & ors. etc. , (1996) 3 SCC 545. Learned Deputy Government Advocate and the learned counsel for the respondents No. 2 and 3 contended that in pursance of the letter Annx. R/2/1, the petitioner is not entitled to be declared as a Scheduled Caste candidate. Their further contention is that if the status of being a Scheduled Caste is conferred merely on the basis of marriage of a person with a person of Scheduled Caste, the whole purpose behind granting such benefits shall be frustrated. In support of their contention, learned counsel for the respondents have placed reliance on the decisions of the Hon'ble Supreme Court in State of Tripura & ors. vs. Namita Majumdar (Barman) (Smt.), (1998) 9 SCC 217; Valsamma Paul (Mrs.) vs. Cochin University & ors. (supra); Sobha Hymavathi Devi vs. Setti Gangadhara Swamy & ors. , (2005) 2 SCC 244; Sandhya Thakur vs. Vimla Devi Kushwah & ors. , (2005) 2 SCC 731; and Meera Kanwaria vs. Sunita & ors. , (2006) 1 SCC 344.
(3.) THERE is no dispute that originally the petitioner is a lady belonging to "mali" community, which has been recognized as Other Backward Class in the State of Rajasthan. She contacted marriage with Devi Singh Nayak, who is a member of Scheduled Caste. From the marriage certificate Annx. 2 and the Caste Certificate Annx. 2- A, it is clear that Devi Singh, with whom the petitioner contacted marriage, is a member of scheduled caste. But the pertinant question arises for consideration is: whether on account of the marriage with a scheduled caste person, the petitioner is entitled for consideration of her candidature as a Scheduled Caste candidate. From a bare perusal of the letter Annx. R/2/1 dated 12. 12. 1984 issued by the Office of the Commissioner for Scheduled Caste & Scheduled Tribes to the respondent No. 2, it is clear that a non-scheduled caste lady who has married a Scheduled Caste person cannot be treated as belonging to a Scheduled Caste community and thus cannot avail of the benefits, to which scheduled caste persons are entitled. The petitioner has assailed the validity of this letter Annx. R/2/1 dated 12-12-1984 without laying down any foundation for quashing the same. Now taking up the decisions relied upon by the learned counsel for the petitioner, in N. E. Horo vs. Smt. Jahanara Jaipal Singh (supra), the Hon'ble Supreme Court held that when a person, in the course of time, has been assimilated in a community, it is difficult to comprehend how that person can be denied the rights and privileges which may be conferred on that community even though tribal, by Constitutional provisions and further held that even without invoking the doctrine of domicile once the marriage of a Munda male with a non-Munda female is approved or sanctioned by the Parha Panchayat, they become members of the community. In Valsamma Paul (Mrs.) vs. Cochin University & ors. (supra), the Hon'ble Apex Court held that be it either under the Canon law or the Hindu law, on marriage the wife becomes an integral part of her husband's marital home entitled to equal status of husband as a member of the family. Therefore, the lady, on marriage, becomes a member of the family and thereby she becomes a member of the caste to which she moved. The caste rigidity breaks down and would stand no impediment to her becoming a member of the family to which the husband belongs and she gets herself transplanted. ;