Lawstreet Journal

Marriage To Another Caste Not Relevant For Claiming Reservation Under Article 16(4) : Kerala High Court Reiterates

Lawstreet Journal 6 Apr 2022 3:04am

Image courtesy: Lawstreet Journal Judiciary Marriage To Another Caste Not Relevant For Claiming Reservation Under Article 16(4) : Kerala High Court Reiterates

The Kerala High Court has reiterated that an individual's marriage from one caste to another, as recognised by law, has no bearing on his or her eligibility for reservation under Article 16(4) of the Indian Constitution.

As a result, Justice P.V. Kunhikrishnan granted the appeal filed by a lady who had appealed an order rejecting her application for a caste certificate on the grounds that she had married into another caste and was thus ineligible.

In 2005, the petitioner, a member of the Latin Catholic community, married a member of the Roman Catholic community. Meanwhile, she was hired as an LP School teacher by the Public Service Commission.

As a result, the petitioner asked for a caste certificate, but it was denied on the grounds that she had married a Syro Malabar Syrian Catholic and thus was not entitled to the Latin Catholic status. The petitioner, who was upset by this, filed a suit with the court.

When the case was first heard, the Court granted the petitioner interim relief, ordering the appropriate Tahsildar and Village Officer to issue Caste and Non-Creamy Layer Certificates on a temporary basis, pending the outcome of the writ suit.

The petitioner clearly belongs to the Christian Latin Catholic group, according to her Secondary School Leaving Certificate, the Court noted.

Furthermore, it was noted that this Court's Full Bench decision in Kerala Pattikajathi Samrakshana Samithi & Anr v. State of Kerala & Ors [1995 KHC 537] handled the matter squarely.

The Full Bench had… Continue Reading...

Tagged: intercaste marriage   Inter Caste Marriage  
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