`No reservation for child if father from upper caste`
  • This Section
  • Latest
  • Web Wrap
Last Updated: Sunday, January 17, 2010, 17:33
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).


First Published: Sunday, January 17, 2010, 17:33

comments powered by Disqus