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Himachal Pradesh High Court stated that a person who is not a Scheduled Caste or Scheduled Tribe by birth will not automatically fall under the category of Scheduled Caste or Tribe by virtue the marrying of a person of that category.
It was observed by the bench of Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel upholding the order of the Authority stated that the authority was right in canceling the Scheduled Tribe certificate issued to an upper class woman which she got by marrying a man of Scheduled Tribe and the court further stated that the employment obtained by the woman based on such certificate shall be terminated.
The Court further held that this issue has already been settled by the Supreme Court several times in a plethora of judgements but still the issue with regard to ladies not belonging to Scheduled Caste/Scheduled Tribe by birth but marrying a man of Scheduled Caste/Scheduled Tribe keeps coming up time and again. The Court stated that they will just reiterate what has been said by the Supreme Court in this regard.
In the Instant case filed by a lady who was working as a primary teacher in Kendriya Vidyalaya Sangathan was charge sheeted after 25 years of service for obtaining employment in the school based on a false Scheduled Tribe Certificate. Her employment was also terminated by the school authorities stating that as she does not belong to Scheduled Tribe by birth, she cannot take employment based on Scheduled Tribe Certificate.