( 1 ) THE appointment of 3rd respondent, that is, Smt. K. Vijayakumari, as lecturer in Zoology Department in Sree Venkateswara University, Tirupati, vide proceedings E. 11/2/89 Appointments, dated 17-2-1989, in a post earmarked for a Scheduled Caste candidate has been assailed. In other words, this Court is called upon to decide whether Smt. K. Vijayakumari, who belongs to forward community, by virtue of her marriage with a Scheduled Caste man acquires the social status of her husband to claim protective discrimination as envisaged under Article 16 (4) of the Constitution of India.

( 2 ) THE facts of this case are not in dispute. The 3rd respondent, daughter of one K. Ramachandra Reddy, seemed to have married one M. Rajeshwara rao who belongs to Scheduled Caste and thereafter she started applying for appointment as a Scheduled Caste candidate by contending that by virtue of her marriage she acquired the caste of her husband. At the time when the 3rd respondent appeared before the 1strespondent-University for a temporary appointment in the year 1984, the Tahsildar, Kavali, while issuing the caste certificate stating that the 3rd respondent belongs to Scheduled Cast