A girl on marriage becomes a member of her husband's family and acquires his GOTRA and Sapindaship, ceasing all her ties with her parental family. On marriage the bride acquires the caste or tribe of her husband and the question whether there was acceptance for such acquisition of caste or tribe from the members of that caste or tribe, as the case may be, is irrelevant inasmuch as this is not an acquisition on reconversion to Hinduism nor a change over simpliciter, but by virtue of her marriage. On marriage having acquired the caste or tribe the female-spouse would not be entitled to the reservations made under Art. 15 (4).

( 1 ) THESE two appeals give rise to a similar point and are, therefore, being disposed of by this common judgment.

( 2 ) WRIT petitioner is the appellant in W. A. 1161 of 1992. She was born in a Reddy caste family and married an ERUKALA boy, Dr. Swamy. ERUKALA tribe is one of the Scheduled Tribes in the State of Andhra Pradesh. The marriage took place on 3-5-1990 at Luthern Church in Hyderabad and since then she is leading family life with him and his parents at Guntur. After the marriage, she sought for admission into M. Sc. (Home Science) course in the Agricultural University at Rajendranagar, Hyderabad, under reserved quota for Scheduled Tribes. Inasmuch as the University Authorities were not considering her as one, entitled to the reservation available to Scheduled Tribes, she moved this Court under Art. 226 of the Constitution of India.

( 3 ) THE writ petition was dismissed at the admission stage by the learned single Judge holding that the marriage is ANULOMA for the girl and PRATHILOMA for the boy and that it is only the off-spring born to that couple alone that is entitled to the social status of the father and not the writ petitioner-wife. As regards the other incentives offered by the State Government, the learned Judge held that they are non-statutory and that the relevant G. Os. (G. O. Ms. No. 496 dated 21-6-1975 and G. O. Ms. 583 dated 24-7-1974) have nothing to do with the reservation presently claimed for. Having been aggrieved of this order, the writ petitioner filed this appeal.

( 4 ) THE 3rd respondent (Commissioner, Tribal Welfare) filed a counter stating that as per Circular No. 35/1/72/ru (SCT) dated 2-5-1975 the Government of India directed that the guiding principle to decide the caste of an individual is to find out the caste in which he or she was born and not the caste of the person, whom he or she married. As the petitioner is claiming a seat reserved for Scheduled Tribe on the ground that she married a person of Scheduled Tribe (Erukala), her claim cannot be permitted. The petitioner, who is a high caste Hindu, not subjected to any social or educational backwardness cannot take advantage of the reservation available to Scheduled Tribe people on the ground that she married a scheduled tribe person. The certificate issued by the Mandal Revenue Officer also disclosed that the petitioner is entitled to the non-statutory benefits only as enumerated in G. 0. Ms. No. 496 dated 21-6-1975. Accordingly, it is prayed that the writ appeal may be dismissed.

( 5 ) A counter is filed on behalf of the Agricultural University also stating that the petitioner-appellant should get the clearance from the 3rd respondent so as to have her claim for reservation for a seat under Scheduled Tribe quota considered and that at their own motion, the 3rd respondent also informed them on the lines noted above referring to the contents of the counter filed by the 3rd respondent. In view of these facts, the University sought for dismissal of the writ appeal.

( 6 ) THE other Appeal, W. A. No. 1313 of 1992, is one filed by the 3rd respondent challenging the orders of the learned single Judge allowing the writ petition by declaring that the writ petitioner belonged to Backward Caste a Category consequent upon her marriage with a person belonging to BESTHA (Fishermen) community and accordingly entitled to all the attendant benefits, including reservation for a seat in Post Graduate Medical Course (D. C. H. ).

( 7 ) THE relevant facts, in brief, are: The writ petitioner in W. A. 1313/92 was born in a VYSYA community and married a person belonging to BESTHA (Fishermen) community falling under Backward Class a category. After the marriage she obtained admission into Post Graduate Medical Course (D. C. H.) under the quota reserved for Backward Class on the ground that by virtue of the marrige she is entitled to the reservation meant for Backward Class people. This admission was complained of by the 3rd respondent (writ