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| Adoption, marriage, conversion do not make one eligible for reservation: HC | | | Early Times Report
Jammu, Dec 14 : High court judge Janak Raj Kotwal today held that a candidate by adoption or marriage or conversion does not become eligible to the benefit of reservation. The court directive came in a petition filed by one Munir Ahmed who had challenged the appointment of one Ruhi, wife of Sikander Mehmood for the post of medical officer (ayurvedic) under ST category. The petitioner's counsel submitted that the appointee applied for her selection under ST category on the basis of a ST category certificate which she had obtained by sheer misrepresentation of facts and in connivance with the revenue officials. Ruhi, in fact, belongs to open merit category but in 2010 she got married to Mendhar's Sikander Mehmood who belongs ST category. After her marriage, she, by complete misrepresentation of facts and concealing true and correct facts in connivance with certain revenue officials, secured ST category certificate in 2012. The certificate was issued in her favour by the Mendhar tehsildar on April 13, 2012. He submitted that under the provisions of J&K Reservation Act and rules framed thereunder and as per the settled law, a non-ST category candidate married to a ST category person 'is not entitled to reservation under ST category. Needless to mention that ST category is a right by birth and it cannot be acquired later on by way of marriage or by way of changing the place of residence'. After hearing the two sides, Justice Kotwal issued notice to the state and others and observed that important question raised in this writ petition was whether respondent No 5 was entitled to benefit of reservation under ST category for the selection of the post of medical officer (ayurvedic). It was contended that respondent No 5 was an open merit candidate and was not entitled to benefit of reservation on account of her marriage in a family to which the benefit of reservation under ST category was available.
The court observed that 'a candidate who has the advantageous start in life being born in a forward caste and has march of advantageous life but is transplanted in backward caste by adoption or marriage or conversion, does not become eligible to the benefit of reservation. Voluntary mobility into these categories would play fraud on the Constitution and frustrate the benign constitutional policy under Articles 15(4) and 16 (4) of the Constitution'.
Justice Kotwal directed that as ad interim, subject to objections and till next date of hearing before the bench, selection of Ruhi for the post of medical officer (ayurvedic) under ST category would remain stayed and she would not be appointed. (JNF) |
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