Ahmedabad: The Gujarat High Court has ruled that
a child born out of wedlock between a man from upper caste
and a woman belonging to Scheduled Tribe is not eligible for
the benefit of reservation.
A division bench of Chief Justice S J Mukhopadhyay and
Justice A S Dave passed the order recently while hearing a
petition of one Ramesh Naika.
Naika had challenged the order passed by a single bench
judge who had upheld the decision of Panchmahal district
officials to cancel his caste certificate after realisation
that he was born of an upper caste father.
"It is settled law that a candidate who had the
advantageous start in life being born in forward caste and had
much of an advantageous life.... but is transplanted in
backward caste by adoption or marriage or conversion, does not
become eligible to the benefit of reservation under the
Constitution of India," the court order said.
"The appellant (Naika) was born of a forward caste father
and, under the Hindu law, inherited his caste from his father
and not his mother who was a Scheduled Tribe and, thereby,
appellant had not undergone indignities which a Schedule Caste
or Scheduled Tribe suffers," the court observed.
Naika had contended that he was born and brought up in a
tribal society because his father was ex-communicated from his
society (after marrying a tribal girl).