Jammu & Kashmir HC comes to rescue of woman denied ST certificate for marrying outside community

The High Court of Jammu and Kashmir and Ladakh recently ordered the concerned authorities to review its earlier decision to deny a woman from the Padri tribe a Scheduled Tribe (ST) certificate due to her marriage with a non-Padri person [Shivaeta Rani V/s Union of India and Ors]..Justice Wasim Sadiq Nargal passed the order after noting that the Union Home Affairs Ministry has already clarified that a Scheduled Caste (SC) or an ST person would continue to be a member of that community even if they marry outside the community.The counsel representing the concerned government authority (who had initially denied the caste certificate) also told the Court later that it was not adverse to the grant of relief in this case, in light of this clarification. The government's counsel, Senior Additional Advocate General (AAG) Monika Kohli suggested that the case could be closed by giving the petitioner liberty to apply afresh for the ST certificate. However, the woman (petitioner) who sought the ST certificate expressed that her case was time-sensitive since she was going to apply for the civil service exam. The last date to file the exam form falls on February 11, her counsel informed. In view of this, the Court asked the concerned authorities to reconsider its earlier decision without making the petitioner apply again for the certificate. The authority was asked to communicate its decision by February 11, so that the petitioner is able to apply for the exam well within time. "Keeping in view the urgency expressed and the career of the petitioner is involved, this Court deems it proper to dispose of the instant petition by directing the respondent No. 5 to take a decision in the instant matter for issuance of a certificate i.e., ST category certificate in favour of the petitioner being a member of Padri Tribe, on or before 11.02.2025," the Court ordered. .The Court was hearing a plea by one Shivaeta Rani, a woman from the Padri tribe who had married a non-Padri person. Her marriage to a person outside the community, however, led the concerned authorities to deny her an ST certificate that would help her avail the benefits reserved for ST candidates during the UPSC civil services examination..Rani challenged this decision before the Additional Deputy Commissioner, Kishtwar. However, the appeal was dismissed after the appellate authority opined that the matter involved technical issues that could only be decided either under the Reservation Act or by the Law Department by way of clarification. The appellate authority, however, granted Rani the liberty to approach the competent authority again.Rani then approached the High Court. Her counsel pointed out that a clarification was recently issued to all Deputy Commissioners in Jammu and Kashmir, as well as the Revenue Department that a woman cannot be denied her SC/ST/OBC status after marriage to a non-SC/ST/OBC person. This communication clarified that a woman’s caste is determined by birth and not by marriage. It was based on a guiding principle issued by the Home Affairs Ministry. In view of this, the High Court granted her relief by directing the concerned authority to consider granting the petitioner an ST certificate."It is made clear that the decision shall be taken strictly in conformity with the clarification issued by the Social Welfare Department in pursuance to the opinion of the Ministry of Home Affairs and the Law Department," the Court added. .Advocate Abid Khan appeared for the petitioner..[Read Order]