CHANDRA NAYAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the order Annx. R. 2/1 dated 12-12-1984 issued by the respondent No. 1 and providing her the benefit by treating her to be a lady of Scheduled Caste.

(2.) THE facts of the case, in a succinct, are that the petitioner is holding the qualifications of B. Sc. , Post Graduation in History and B. Ed. Originally she belonged to the category Other Backward Class but on 21-6-1993, she contacted marriage with Devi Singh Nayak, who is a member of Scheduled Caste and placed on record a marriage certificate Annx. 2 issued by Arya Samaj, Jodhpur. She has also produced a Certificate dated 24. 9. 1994 (Annx. 2-A) issued by the Tehsildar, Jodhpur declaring her to be lady of Scheduled Caste. In pursuance to the advertisement issued by the respondent No. 2, the petitioner applied for the post of School Lecturer in History and the Admission Card (Annx. 3) was issued by the respondent No. 2 showing her to be a candidate of "sc, WE". She took the said examination and declared successful. THE respondent No. 2, vide Annx. 8 dated 6-2-2003, while calling the petitioner for interview, asked her to bring all the original certificates including the Certificate of Higher Secondary and Surname Affidavit. She has come with the case that as her father died 23 years ago, she is not in a position to furnish the Caste Certificate and Death Certificate, however as she is "mali" by caste, she is certainly a candidate belonging to Other Bacward Caste" and after contacting marriage with Devi Singh, a member of Scheduled Caste, her candidature may be directed to be considered as a candidate belonging to Scheduled Caste apart from being a Woman Candidate. Hence this writ petition.

(3.) THERE is no dispute that originally the petitioner is a lady belonging to "mali" community, which has been recognized as Other Backward Class in the State of Rajasthan. She contacted marriage with Devi Singh Nayak, who is a member of Scheduled Caste. From the marriage certificate Annx. 2 and the Caste Certificate Annx. 2- A, it is clear that Devi Singh, with whom the petitioner contacted marriage, is a member of scheduled caste. But the pertinant question arises for consideration is: whether on account of the marriage with a scheduled caste person, the petitioner is entitled for consideration of her candidature as a Scheduled Caste candidate.