Adoption or marriage or conversion, does not become eligible to the benefit of reservation for a candidate: HC

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Jammu Tawi, December 14
Justice Janak Raj Kotwal of J&K High Court Jammu Wing in a significant order holds that a candidate by Adoption or marriage or conversion, does not become eligible to the benefit of reservation.
This significant order has been passed in a petition filed by Munir Ahmed through Adv Monish Chopra who challenged the appointment of Ruhi W/o Sikander Mehmood for the post of Medical Officer (Ayurvedic) under ST category. During the course of hearing Adv Monish Chopra submitted that appointee applied for her selection under ST category on the basis of scheduled Tribe Category certificate which she obtained by sheer misrepresentation and in connivance with the revenue officials. Ruhi in fact belongs to open merit category but in the year 2010 she got married to Sikander Mehmood who belongs to Tehsil Mendhar District Poonch and is a member of ST Category. After getting herself married in the year 2010, respondent no. 5 by complete misrepresentation and by concealing true and correct facts in connivance with certain revenue officials maneuver to secure ST category in the year 2012 which was issued in her favour by Tehsildar, Mendhar on 13.04.2012. This certificate is apparently issued in utter violation and contravention of the J&K Reservation Act and rules framed thereunder.
Adv Chopra further submitted that under the provisions of the J&K Reservation Act and rules framed thereunder and as per the settled law, a non-ST Category candidate married to a ST Category person is not entitled to the reservation under ST Category. Needless to mention that ST Category is a right by birth and it cannot be acquired later on by way of marriage or by way of place of changing the residence.
Justice Janak Raj Kotwal after hearing Adv Monish Chopra in length whereas Sr. Adv MA Goni with Adv Mumtaz Chudhary appearing for the private respondent issued notice to State & Ors and observed that Important question raised in this writ petition is, whether respondent No. 5 is entitled to benefit of reservation under Scheduled Tribe (ST) category for the selection of the post of Medical Officer (Ayurvedic). It is contended that respondent No. 5 is a candidate belonging to Open Merit (OM) category and is not entitled to benefit of reservation on account of her marriage in a family to which the benefit of reservation under ST category is available.
Court further observed that “A candidate who had the advantageous start in life being born in forward caste and had march of advantageous life but is transplanted in backward caste by adoption or marriage or conversion, does not become eligible to the benefit of reservation either under Article 15(4) status of Scheduled Caste etc. by voluntary mobility into these categories would play fraud on the Constitution, and would frustrate the benign constitutional policy under Articles 15(4) and 16 (4) of the Constitution. ” Justice Janak Raj Kotwal further observed that Case for showing indulgence as has been found and meanwhile, as ad interim, subject to objections and till next date before the Bench, selection of respondent No. 5, Ruhi W/o Sikander Mehmood for the post of Medical Officer (Ayurvedic) under ST category vide notification No. 30-PSC(DR-P) of 2016 dated 14.11.2016 shall stay and she be not appointed. JNF

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