J&K&L High Court Orders Reconsideration Of Decision Denying Woman Caste Certificate For Marrying Outside Her Community
The Court was considering an appeal against the denial of an ST certificate to the appellant following her marriage to a non-Padri person.
The Jammu and Kashmir and Ladakh High Court has ordered the relevant authorities to reconsider their earlier decision to refuse a Scheduled Tribe (ST) certificate to a woman from the Padri tribe, due to her marriage to a non-Padri individual.
A Bench of Justice Wasim Sadiq Nargal issued the order after taking into account that the Ministry of Home Affairs at the Union level had clarified that an individual belonging to a Scheduled Caste (SC) or Scheduled Tribe (ST) would retain their status within the community even if they marry outside it.
The Court noted, “While conveying the decision to all the Deputy Commissioners, the clarification issued by the Ministry of Home Affairs has also been relied upon with a view to resolve the issue of SC and ST Certificates wherein the guiding principle which has been relied upon by the appropriate authority is that no person who was not a SC and ST by birth will be deem to be a member of SC or ST category merely because he or she had married a person belonging to a SC or ST and similarly a person who is a member of the SC or ST would continue to be a member of the SC or ST, as the case may be even after his or her marriage with a person who does not belong to a SC or ST.”
Advocate Abid Khan appeared for the Petitioner and Advocate Monika Kohli appeared for the Respondent.
The counsel for the government, who had initially denied the caste certificate to Rani, later informed the Court that the authorities had no objection to granting relief in light of the clarification issued by the Ministry of Home Affairs.
However, the petitioner who intended to use the ST certificate to benefit from the reserved category for the upcoming civil services examination, expressed that the issue was urgent since the deadline for submitting the exam application was fast approaching—February 11. Her counsel highlighted this urgency, prompting the Court to order that the authorities reconsider their earlier decision without requiring her to reapply for the certificate.
The Court further directed that the authorities communicate their decision regarding the issuance of the ST certificate on or before February 11, ensuring that she could apply for the exam on time. The Court emphasized the urgency of the matter due to the impact it could have on her career, stating, “Keeping in view the urgency expressed and the career of the petitioner is involved, this Court deems it proper to dispose of the instant petition by directing the respondent No. 5 to take a decision in the instant matter for issuance of a certificate i.e., ST category certificate in favour of the petitioner being a member of Padri Tribe, on or before 11.02.2025,"
The High Court ruled in favor instructing the concerned authority to reassess her case for the ST certificate. The Court further clarified that any decision made should be in line with the Ministry of Home Affairs' clarification, as well as the opinion issued by the Law Department and the Social Welfare Department.
Cause Title: Shivaeta Rani v. Union of India & Ors.
