SUNITA DEVI Vs. STATE OF J AND K

JUDGEMENT

(1.) HOW does the marriage of a Hindu female outside her caste affects her rights of benefits arising out of the Jammu and Kashmir Scheduled Castes and Backward Classes Rules, 1970 (hereinafter referred to as the 1970 Rules)? is the important question of law referred to this Bench vide order passed by the learned Single Judge on 16.11.1990. It is submitted that as after her marriage the female acquires the status and Gotra of her husband, her rights in terms of the 1970 Rules should be determined by reference to the caste of her husband notwithstanding his own caste in which she was born.

(2.) SOME of the facts giving rise to the filing of the present petition are : that the petitioner herein who is a member of a scheduled caste claims promotion under the rules by quashing order No. DSW/286 of 1989 dated 20 -10 -1989 with a prayer of restraining the respondents from reverting her to the most from which she was promoted. Tt is submitted that as respondent No. 3 who was originally a member of the scheduled caste, had married to a Rajput she has become disentitled to claim the benefit under the 1970 Rules. Respondent No. 3 is alleged to have made a representation against the promotion of the petitioner as Asstt. Child Development and Project Officer (ACDPO. for Short) on the ground that she was senior than the petitioner and could not be ignored while making promotion vide order No. DSW/229 of 1989 dated 2 -9 -1989. Said representation was accepted vide the order impugned herein wherein was held :

(3.) IN the counter affidavit filed on behalf of respondent No. 3 it is submitted that despite her marriage with a Rajput she continues to be a member of the scheduled caste for the purposes of the rules. It is submitted that in brochure issued by the General Department it has been specifically mentioned in Chapter I that a person belonging to scheduled caste will continue to be and deemed to be a member of the scheduled caste irrespective of the fact that he or she has married to a non -scheduled caste member, she has further submitted that her representation has been accepted on the admitted fact of her being senior than the petitioner.