Cannot Take Benefit Of Reservation Just Because Spouse Belongs To Scheduled Caste: SC [Read Judgment]
7 years, 2 months ago

Cannot Take Benefit Of Reservation Just Because Spouse Belongs To Scheduled Caste: SC [Read Judgment]

Live Law  

The Supreme Court, on Friday, refused to allow a woman to take benefit of reservation just because she was married to a man who belonged to the Scheduled Castes, asserting that caste is determined by birth and not by marriage. "There cannot be any dispute that the caste is determined by birth and the caste cannot be changed by marriage with a person of scheduled caste. Merely because her husband is belonging to a scheduled caste category, the appellant should not have been issued with a caste certificate showing her caste as scheduled caste," the Bench comprising Justice Arun Mishra and Justice Mohan M. Shantanagoudar observed. Taking a lenient view, the Court ruled, ".we have also kept in mind that the appellant has neither played fraud nor misrepresented before any of the authorities for getting the caste certificate and while continuing in service based on the caste certificate.

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History of this topic

Supreme Court rules conversions for reservations are constitutional fraud
Trending News
4 months ago

Supreme Court rules conversions for reservations are constitutional fraud

Op India  

On 26th November, the Supreme Court of India delivered a landmark judgment ruling that converting to a religion solely to claim reservation benefits without genuine belief in the adopted faith constitutes “fraud on the Constitution.” The apex court dismissed an appeal filed by C Selvarani, who was denied a Scheduled Caste certificate after she claimed to have reverted to Hinduism …

Religious Conversion Only For Reservation Fraud On Constitution: Supreme Court
4 months ago

Religious Conversion Only For Reservation Fraud On Constitution: Supreme Court

ABP News  

The Supreme Court in a recent order denied a Scheduled Caste certificate to a woman who was born as a Christian but claimed to be Hindu in her application for a government job in Puducherry. Therefore, the conferment of Scheduled caste communal status to the appellant, who is a Christian by religion, but claims to be still embracing Hinduism only …

'Candidate Cannot Be Dismissed From Service If Certificates In Dispute Are Not Cancelled', Patna High Court Sets Aside Order Of Dismissal
4 months, 1 week ago

'Candidate Cannot Be Dismissed From Service If Certificates In Dispute Are Not Cancelled', Patna High Court Sets Aside Order Of Dismissal

Live Law  

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. He had procured a residential certificate on 3rd September 2014 and a Scheduled Caste Certificate on 04th September 2014 in Bihar so that he could avail service benefits including monetary benefits. Findings of the Court: The Court observed that the certificates were not …

Explained: Sub-classification of Scheduled Castes and the Supreme Court
7 months, 3 weeks ago

Explained: Sub-classification of Scheduled Castes and the Supreme Court

Hindustan Times  

On August 1, a seven-judge Constitutional Bench of the Supreme Court with a majority of 6:1 held that sub-classification of Scheduled Castes for the purpose of reservation was constitutional. While hearing the appeal in 2014, a three-judge bench of the Supreme Court noted that Chinniah needs to be revisited in light of Article 338 and the law laid in Indra …

Caste reservation fabric needs new pattern
7 months, 4 weeks ago

Caste reservation fabric needs new pattern

New Indian Express  

“Begin at the beginning, the king said, very gravely, and go on till you come to the end: then stop.” Lewis Carroll, Alice’s Adventures in Wonderland For millenniums, caste has been cast in stone in the Indian psyche. Gavai, who could be the chief justice next year, wrote: “The State must evolve a policy for identifying the creamy layer even …

Can 'Sikh Chamar' Be Regarded As 'Mochi' Caste In Maharashtra? Supreme Court Considers In Navneet Kaur Rana's Case
1 year, 1 month ago

Can 'Sikh Chamar' Be Regarded As 'Mochi' Caste In Maharashtra? Supreme Court Considers In Navneet Kaur Rana's Case

Live Law  

The Supreme Court on Thursday, resuming its hearing on the issue of cancellation of the caste certificate of Amravati MP Navneet Kaur Rana, dwelled into the aspect of the purpose and scope of the Constitution Order, 1950 and how the designation of Scheduled Castes in different states varied on sociological basis. He said, “It enumerates not just the caste, the …

Quotas for Dalit Muslims, Christians: SC wonders if it can rely on RM panel report
1 year, 11 months ago

Quotas for Dalit Muslims, Christians: SC wonders if it can rely on RM panel report

Deccan Chronicle  

New Delhi: What is the effect of the report of a Commission of Inquiry that has been rejected or not accepted by the government and whether the empirical data which formed the basis of the report can be looked at while determining a constitutional issue, the Supreme Court wondered on Wednesday while considering the question of quotas for Dalit Muslims …

SC Reservation For Converted Dalits : Supreme Court Asks Centre To Explain Its Stand Within 3 Weeks
2 years, 7 months ago

SC Reservation For Converted Dalits : Supreme Court Asks Centre To Explain Its Stand Within 3 Weeks

Live Law  

The Supreme Court, on Tuesday, asked Centre to provide its current stand on the issue of extending the benefit of reservation available to the Scheduled Caste community to Dalits who have converted to other faiths. A 2007 report submitted by National Commission for Religious and Linguistic Minorities, under the chairpersonship of retired CJI Ranganath Misra had found merit for granting …

"Appointment Secured By Forging Caste Certificate": Allahabad High Court Upholds Termination Of Govt Teacher's Services
3 years, 3 months ago

"Appointment Secured By Forging Caste Certificate": Allahabad High Court Upholds Termination Of Govt Teacher's Services

Live Law  

The Allahabad High Court today upheld the order of the District Basic Education Officer terminating the services of a woman Government Teacher who was found to have forged and fabricated a caste certificate for securing her appointment.Observing that in her application, a woman Government Teacher had mentioned her caste to be 'Ansari', but she had submitted the caste certificate of …

HC rejects plea of Christian-convert seeking inter-caste marriage certificate
3 years, 4 months ago

HC rejects plea of Christian-convert seeking inter-caste marriage certificate

Op India  

The Madras HC on Thursday said conversion from one religion to another will not change the caste of a person he belongs to, putting paid to a bid by a Dalit man who converted to Christianity to obtain an inter-caste marriage certificate to get priority in the government jobs. Justice Subramanian noted that just because a Dalit converted to another …

The Conundrum Of Preferential Treatment Within Scheduled Castes
4 years, 6 months ago

The Conundrum Of Preferential Treatment Within Scheduled Castes

Live Law  

On 27 August 2020, in the case of State of Punjab v. Davinder Singh, a Constitution bench of five judges of the Supreme Court of India referred the question of preferential treatment by the States, among Scheduled Castes of few castes within Scheduled Caste for the purposes of reservation, to a larger bench of seven or more judges for deciding …

Appointment Secured On The Basis Of A Fraudulent Caste Certificate Is Void Ab Initio: SC [Read Order]
5 years ago

Appointment Secured On The Basis Of A Fraudulent Caste Certificate Is Void Ab Initio: SC [Read Order]

Live Law  

The Supreme Court has observed that an appointment secured on the basis of a fraudulent caste certificate is void ab initio and Government Resolutions and Circulars cannot protect such appointees. The Apex Court bench noted that in Punjab National Bank, the Supreme Court had enforced similar resolutions and held that the candidates were protected by virtue of the government resolutions. …

[Reservation]Can Preferential Treatment Be Given To Specific Castes/Tribes Within SC-STs? Constitution Bench To Hear On Feb 11[Read Order]
5 years, 1 month ago

[Reservation]Can Preferential Treatment Be Given To Specific Castes/Tribes Within SC-STs? Constitution Bench To Hear On Feb 11[Read Order]

Live Law  

The Constitution Bench of Supreme Court is currently hearing the issue whether any preferential treatment can be given to a specific caste/castes within the Scheduled Castes?The five judge bench headed by Justice Arun Mishra, on Tuesday, partly heard the reference which raised the following issues:Whether the provisions contained under Section 4 of The Punjab Scheduled Castes and. The Constitution Bench …

Hindu Marriage Act - Consent Of First Wife Will Not Make Second Marriage Legal: Patna HC [Read Judgment]
5 years, 3 months ago

Hindu Marriage Act - Consent Of First Wife Will Not Make Second Marriage Legal: Patna HC [Read Judgment]

Live Law  

A division bench of the High Court of Patna comprising Justices Hemant Kumar Srivastava and Prabhat Kumar Singh has held that the consent of the first wife does not give right to a man to solemnize second marriage during the lifetime of first wife. The counsel for the appellant submitted that though the departmental proceeding was initiated on the complaint …

Migrant Can’t Be Recognized As Scheduled Caste Of Migrant State, Even If Her Caste Is Recognised As So, Reiterates SC [Read Order]
6 years, 4 months ago

Migrant Can’t Be Recognized As Scheduled Caste Of Migrant State, Even If Her Caste Is Recognised As So, Reiterates SC [Read Order]

Live Law  

“Merely because in the migrant State the same caste is recognized as Scheduled Caste, the migrant cannot be recognized as Scheduled Caste of the migrant State.”The Supreme Court has reiterated that merely because in the migrant state the same caste is recognized as Scheduled Caste, the migrant cannot be recognized as Scheduled Caste of the migrant state.ReferenceThe bench comprising. “Merely …

SC/ST members from one state cannot claim quota benefit in another unless caste notified there: Supreme Court
6 years, 7 months ago

SC/ST members from one state cannot claim quota benefit in another unless caste notified there: Supreme Court

India TV News  

The Supreme Court on Thursday ruled that a member belonging to a Scheduled Caste and Scheduled Tribe community cannot claim the benefit of reservation in government employment in other states if his or her caste is not notified there. The apex court bench unanimously held that a person belonging to Scheduled Caste in one state cannot be deemed to be …

Supreme Court to hear case of SC/ST reservations in promotions on 3 August; no interim order against 2006 verdict
6 years, 8 months ago

Supreme Court to hear case of SC/ST reservations in promotions on 3 August; no interim order against 2006 verdict

Firstpost  

The Supreme Court has scheduled the hearing of the case related to reservations in case of promotions for Scheduled Castes and Scheduled Tribes categories on 3 August, while refusing to pass an interim order against its 2006 verdict which dealt with the application of the concept of ‘creamy layer’ for reservations to SC and ST categories in government job promotions. …

Brahmin Woman Can’t Get SC/ST Status After Marrying SC/ST Man: Himachal Pradesh HC [Read Judgment]
7 years, 4 months ago

Brahmin Woman Can’t Get SC/ST Status After Marrying SC/ST Man: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court has reiterated that a person who does not belongs to a Scheduled Tribe or a Scheduled Caste category by birth, simply by virtue of marrying a person belonging thereto cannot gain the status of that particular caste or tribe.The bench of the Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel upheld the order …

Brahmin Woman Can’t Get SC/ST Status After Marrying SC/ST Man: Himachal Pradesh HC [Read Judgment]
7 years, 4 months ago

Brahmin Woman Can’t Get SC/ST Status After Marrying SC/ST Man: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court has reiterated that a person who does not belongs to a Scheduled Tribe or a Scheduled Caste category by birth, simply by virtue of marrying a person belonging thereto cannot gain the status of that particular caste or tribe.The bench of the Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel upheld the order …

Jobs, Admissions Secured On Invalid Caste/Tribe Certificates Void: Supreme Court [Read Judgment]
7 years, 8 months ago

Jobs, Admissions Secured On Invalid Caste/Tribe Certificates Void: Supreme Court [Read Judgment]

Live Law  

In a landmark judgment Supreme Court of India has held that an appointment to a post or admission to an educational institution – on the basis that the candidate belongs to a reserved category for which the benefit is reserved, the invalidation of the caste or tribe claim upon verification would result in the appointment or, as the case may …

Is Dalit woman married in another state entitled for quota, asks SC – India TV
11 years, 6 months ago

Is Dalit woman married in another state entitled for quota, asks SC – India TV

India TV News  

New Delhi: The Supreme Court has decided to refer to a larger bench for its authoritative pronouncement on the issue whether a Scheduled Caste woman is entitled for reservation benefits after marriage in another state where she is living with her husband of same caste. A two-judge bench of justices G S Singhvi and V Gopala Gowda referred the case …

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