Caste determined by birth not marriage, says Supreme Court
The Supreme Court has said that a person's caste does not change after marriage. The order was passed while setting aside the appointment of a lady as a teacher in Kendriya Vidyalaya.
The lady had taken the benefit of reservation 21 years back on the ground that she was married to a Scheduled Caste. The Bench said that the woman who has now become the vice principal after serving in the school for 21 years was not entitled to the benefits of reservation as she was born in an upper caste family.
She cannot claim the benefits of reservation as she is married to an SC, the court also observed. There cannot be any dispute that caste is determined by birth, the court said. She was born in the Agarwal family which falls under the general category. Merely because her husband belongs to a Scheduled Caste, she could not have been issued with an SC certificate.