MAINA NAGAR Vs. D M ETAWAH

JUDGEMENT

(1.) THE first thing which needs to be set on the record is that despite an opportunity being given by the High Court to the respondent arrayed, the Dis trict Magistrate, Etawah, no counter af fidavit has been filed to the writ petition. THEreafter, on 2nd September, 1996, notic ing that the petition has not been replied another opportunity was given to this respondent that the record itself may be produced. To-day, neither the petition has been replied, nor the record has been produced before the High Court. THE aver ments in the writ petition remain un answered and on contrpverted despite notice issued on the petition more than 2 1/2 years ago.

(2.) THE facts and the issues in this case are that the petitioner Kumari Maina Nagar was working with the Indian Air Lines as a hostess. She received this employment as she was a reserved candidate. She was born to a Scheduled Caste mother and had ap plied and received, a certificate from the office of the District Magistrate, Etawah, dated 28-10-1986, certifying that she, daughter of Kailash Nath Nagar, Civil Lines, Etawah, is a 'pasi'. a Scheduled Caste and that this caste is mentioned in the Scheduled of Scheduled Castes and Scheduled Tribes Orders (Amendment), Act, 1956.

(3.) IN the writ petition and the sup plementary affidavit, the Court is pained to notice that the petitioner and her mother have had to take an affirmation on oath that the petitioner's mother married a widower one Kailash Nath Nagar, who was Brahmin by caste, a wed-lock which was never ac cepted by the members of the family of the former. The relationship between Kailash Nath Nagar and the petitioner's mother, saw the birth of the children both girls. The petitioner's mother has also had to submit on an affidavit, acknowledging that she had lived with Kailash Nath Nagarand formally a marriage had never been solemnised.