SANDHYA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri. J.N. Maurya, learned counsel appearing for respondent Nos. 2 and 5. Learned Standing Counsel appears for respondent Nos. 1 and 3. Sri. Shailendra Singh has put in appearance on behalf of respondent No. 4 but he is not present even in the revised call. The case of the petitioner is that she applied for appointment on the post of 'Shiksha Mitra' in Ward No. 3, Kasba Jhinjhak, Kanpur Dehat and was selected and sent for training. However, her appointment has been cancelled on the ground that she has submitted caste certificate of Scheduled Caste whereas she is married to a person belonging to OBC category and thereby has committed fraud and the next person, namely, respondent No. 4 was sought to be appointed. At this juncture, the present writ petition was filed and this Court vide its order dated 5.2.2008 while calling for counter-affidavit stayed the operation of the order dated 30.7.2007.

(2.) The claim of the petitioner is that the aforesaid post was reserved for Scheduled Caste category candidate and she being 'Khatik' by caste is a Scheduled Caste candidate and, therefore, eligible for applying for the post but the authority concerned erroneously held that since she is married to a person belonging to OBC category, she was ineligible to apply for the post under the Scheduled Caste category.

(3.) Learned counsel for the petitioner has relied upon certain decisions of this Court as well as Hon'ble Supreme Court wherein it has been held that by marriage, the caste of the female does not change. Learned counsel for the petitioner has relied upon a decision in the case of Sandhya Thakur v. Vimla Devi Kushwah and others, 2005 1 AWC 679 (SC), para 2 whereof is quoted herein below: