Reservation
ankur chaturvedi
(Querist) 10 March 2012
This query is : Resolved
can a girl sustain the benefits of reservation after marrying to a person of another state?, and if not, then isn't it a violation of fundamental right to restrict a girl to marry within the state if she wants the benefits of reservation?-,please give some relevant case laws or statutory provision
Deepak Nair
(Expert) 10 March 2012
The girls from reserved categories does not lose their benifits by marrying a person from another caste. Their caste will remain the same even after their marriage.
Guest
(Expert) 10 March 2012
The girl does not lose any right of reservation admissible to her even after her marriage with a boy of an other caste.
ankur chaturvedi
(Querist) 10 March 2012
Thanks deepak ji, but my question wasn't just about her marrying to a person of another caste ,but when she changes her state after her marriage to a person of different state , because a person is not entitled to get the benefits of reservation when he/she have domicile of different state.
ankur chaturvedi
(Querist) 10 March 2012
Thanks PS Dhingra sir , but my question wasn't just about her marrying to a person of another caste ,but when she changes her state after her marriage to a person of different state , because a person is not entitled to get the benefits of reservation when he/she have domicile of different state.
ankur chaturvedi
(Querist) 10 March 2012
and one more question is that " if her caste is in 'ST' catagory in rajasthan and in 'obc' catagory in M.P., then will she sustain the 'ST' catagory benefits after settling in MP, where her caste comes in the catagory of OBC,and
Guest
(Expert) 10 March 2012
Dear Chaturvedi,
Instead of firing supplementary question, it would be better if your specify the real problem being faced by the girl and how you are concerned with the issue? Besides your being not satisfied with various replies, there would probably be no end to subsequent questions if you continue with questions of merely academic nature.
ankur chaturvedi
(Querist) 10 March 2012
ok sir,the real problem is with my friend's wife,she is in schedule tribe in rajastan, after marriage she settled in M.P., in M.P. her caste comes under the catagory of OBC. Now she wants to appear in govt. jobs in M.P. in 'ST' catagory. will she get the benefits of ST catagory?.and if not, then isn't it a violation of fundamental right to restrict a girl to marry within the state if she wants the benefits of reservation? can we files a petition again it, any relevant previous case laws or statutory provision . thank you sir
Kirti Kar Tripathi
(Expert) 10 March 2012
In this event, he will be considered to in OBC category. It will be not against the his fundamental rights. However, in case claims benefit in Rajisthan, he will be considered in ST category as per State policy.
Raj Kumar Makkad
(Expert) 10 March 2012
Nothing is against fundamental rules. A persona has got no fundamental right to get reservation in all States. If his caste is backward in one state then it may be forward in another. How she/he can claim to treat his caste as that of static position as the same suit him/her?
If one require reservation, he/she should confine to her/his own state wherein such facility of reservation is available and if opts to settle in another state then the rules of that state shall have to be followed. State rules are supreme and there is no iota of fundamental rules denial.
Raj Kumar Makkad
(Expert) 10 March 2012
State has not forced such lady to marry in the State of MP. This has been her sweet will. As she is expected to follow the rules of the house of her in-laws, the same is situation with the laws of Madhya Pradesh.
adv. rajeev ( rajoo )
(Expert) 10 March 2012
