9911796707
|
Home
Issues Involved:
1. Eligibility for reservation under Articles 15(4) and 16(4) of the Constitution. 2. Impact of marriage on caste status and eligibility for reservation. 3. Interpretation of constitutional provisions in light of personal law and social justice. Detailed Analysis: 1. Eligibility for Reservation under Articles 15(4) and 16(4) of the Constitution The Full Bench held that the appellant, being a Syrian Catholic by birth, could not claim the status of a backward class by marriage to a Latin Catholic (Backward Class). The special provisions under Articles 15(4) and 16(4) of the Constitution are intended for the advancement of socially and educationally backward classes of citizens and cannot be defeated by including candidates through marriage or other modes of joining the community. This would make a mockery of the constitutional exercise of identifying socially and educationally backward classes. 2. Impact of Marriage on Caste Status and Eligibility for Reservation The appellant contended that by marrying a Latin Catholic, she subjected herself to the same environmental disabilities and should be entitled to the same treatment as the Latin Catholics (Fishermen). However, the respondents argued that Articles 15(4) and 16(4) are intended to remove handicaps and disadvantages suffered by backward class citizens due to social and educational backwardness. Persons who belong to Scheduled Castes, Scheduled Tribes, or Backward Classes by birth alone are entitled to these benefits. The court agreed with the respondents, stating that the appellant, having had the advantage of starting life as a Syrian Catholic (forward class), cannot claim the status of a backward class merely by marriage. The appellant did not suffer the same handicaps and disadvantages as those born into backward classes. 3. Interpretation of Constitutional Provisions in Light of Personal Law and Social Justice The court emphasized the need to harmonize the conflict between personal law and the constitutional goal of providing equal opportunity to disadvantaged social segments. The concepts of "equality before law" and "equal protection of the laws" guaranteed by Article 14, along with Articles 15(4) and 16(4), aim to establish social and economic justice in political democracy. The court highlighted that the right to social and economic justice is enshrined in the Preamble, Fundamental Rights, and Directive Principles of the Constitution, particularly Articles 14, 15, 16, 21, 38, 39, and 46. These provisions intend to remove social and economic inequality and make equal opportunities available in reality. The court also referred to previous judgments, such as in Kailash Sonkar v. Smt. Maya Devi, where it was held that caste is a result of birth and not volition, and the constitutional philosophy aims to remove the handicaps and disadvantages suffered by Dalits, Tribes, and Other Backward Classes (OBCs). The court reiterated that the object of reservation is to remove these handicaps and bring these groups into the national mainstream by providing opportunities and facilities. The court concluded that the appellant, being born into a forward caste and having an advantageous start in life, cannot claim the benefit of reservation under Articles 15(4) and 16(4) merely by marrying into a backward class. Such voluntary mobility into these categories would play fraud on the Constitution and frustrate the benign constitutional policy. Conclusion: The appeals were dismissed, confirming the Full Bench judgment that the appellant is not entitled to the benefit of reservation under Article 16(4) as a lecturer, a post reserved for the backward class Latin Catholic community. The orders of the Division Bench and the single Judge were set aside.
|
