ORDER

1. Delay condoned.

2. Special leave granted.

3. We have heard learned counsel for the parties.

4. The question that falls for consideration in this appeal is whether a person born in a forward caste family can be treated as belonging to a Scheduled Caste by virtue of his/her marriage to a person who belongs to a Scheduled Caste and can claim the benefit of the reservation contemplated by Article 16 of the Constitution in the matter of employment in service.

5. The facts, briefly stated, are that the respondent was born in a forward caste family. She married a person belonging to the Namsudra community which is a Scheduled Caste in the State of Tripura. On 30-4-1975 the respondent submitted an application to the District Magistrate & Collector, West Tripura stating that she belongs to a Scheduled Caste community (Namsudra) and she requested for a certificate certifying the same. On the basis of the averments made by her in the said application, the District Magistrate & Collector, West Tripura, issued a certificate dated 5-5-1975 certifying that the respondent belongs to the Namsudra community which is recognised as a Scheduled Caste. In 1987 the respondent appeared as a Sched