Marriage in upper caste can't deny quota benefits: court

If a person is born in a reserved category family and later marries into an upper caste, it does not deprive her of benefits of the reservation, the Himachal Pradesh High Court has ruled.

Imposing a fine of Rs.200,000 on the state for not issuing a certificate of other backward class (OBC) to the petitioner, a division bench of the Himachal High Court Thursday observed: "For the last five years the petitioner (Neetu) has been dragged without any reason."

The only fault of the petitioner is that she was born in a reserved category, said the bench of Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan.

The bench ordered that out of the total costs imposed, Rs.50,000 should be recovered from the sub-divisional magistrate of Mandi, who denied her the certificate, and an equal amount from the chairman of the Himachal Pradesh Public Service Commission.

The remaining Rs.100,000 will be deposited by the government.

The petitioner cleared the examination of lecturer (college cadre) Class-I conducted by the state Public Service Commission. She appeared in interview Aug 28, 2009, but was asked to produce the latest OBC certificate.

She was denied the certificate because she got married into an upper class Rajput family. During the trial, she was issued the certificate.

The bench also directed the government to give the petitioner seniority as per merit from the date other people have been appointed, but without monetary benefits.

Of the total costs imposed, Rs.100,000 is to be paid to the petitioner and the remainder to be deposited with the state High Court Bar Association Welfare fund.