High caste girl marrying schedule tribe not entitled to reservation benefit.

High caste girl marrying schedule tribe not entitled to reservation benefit.

In Dr. Neelima vs Dean of P.G. studies A.P. Agriculture University, Hyderabad, it has been held that a high caste girl marrying a boy belonging to Scheduled tribe is not entitled to the benefit of reservation available to schedule tribes. The appellant was born in a Reddy caste which is forward class and and marred to an Erukala tribe boy one of the scheduled tribes in the state of Andhra Pradesh. After marriage she is sought admission to M.Sc. course in the Agriculture University, Hyderabad under reservation quota for Scheduled Tribes. The court held that she was not entitled to get the benefit of reservation available to the schedule tribes.

There is another case on this issue,  ln Meera Kanwaria vs Sunita,  it was held that if a female of high caste Hindu Marries a person belonging to schedule caste she is not entitled to take benefit of reservation under article 15(4) and 16 (4) of the Constitution.

In this case a upper caste Hindu girl married a person belonging to schedule caste. the marriage was performed as per Vedic rites. Her marriage has been had been accepted by her Biradari, for example husband's family only. she has not been accepted by the community of her husband. Therefore it was held that she could not acquire the status of scheduled caste and could not contest election on a seat reserved for schedule caste. Mere acceptance of family of husband is not sufficient. Strict proof of acceptance by  community of husband is necessary.