JAMMU: The High Court of Jammu and Kashmir and Ladakh at Jammu has directed the authorities to decide on the issuance of a Scheduled Tribe (ST) certificate to a petitioner belonging to the Padri Tribe before February 11 enabling her to apply for the Union Public Service Commission (UPSC) Civil Services Examination.
The petitioner, Shivaeta Rani, had approached the High Court challenging an order dated December 30, 2024, rejecting her application for an ST certificate. Her plea sought a direction to the concerned authorities for the issuance of the certificate, which she required to avail herself of reservation benefits in competitive examinations.
Represented by Advocate Abid Khan, the petitioner argued that despite a legal clarification from the Law Department confirming that a woman’s caste status remains unchanged after marriage, the authorities had denied her the certificate. According to the legal position, as conveyed by the Ministry of Home Affairs, a person’s Scheduled Caste (SC) or Scheduled Tribe (ST) status is determined by birth and is not altered by marriage. The petitioner had earlier appealed to the Additional Deputy Commissioner (ADC), Kishtwar, under the Public Service Guarantee Act, 2011, but her appeal was dismissed on the grounds that the matter required further clarification under the Reservation Act.
During the hearing, Senior Additional Advocate General Monika Kohli, representing the Union of India and other respondents, submitted an affidavit affirming that the authorities would take a decision in line with the legal clarification already issued. She assured the court that the matter would be considered strictly in accordance with the opinion provided by the Ministry of Home Affairs and the Law Department.
Highlighting the urgency of the case, the petitioner’s counsel stressed that she needed the certificate before February 11, 2025, to meet the UPSC application deadline. Considering the implications for her career, Justice Wasim Sadiq Nargal directed the concerned respondent, identified as respondent No. 5, to take a decision on the matter by the specified deadline and to ensure that the certificate, if granted, is provided to the petitioner in time for her application submission.
The court also reiterated the settled legal position that no individual who was not a Scheduled Caste or Scheduled Tribe by birth could acquire such a status through marriage, and conversely, an individual belonging to these categories does not lose their status upon marrying outside the category.
The writ petition was disposed of with the clear directive that the respondent must decide on the issuance of the ST certificate in strict adherence to the established legal guidelines and provide the petitioner with the necessary documentation before the February 11, 2025, deadline.
