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2008 Supreme(Kar) 762

K.BHAKTHAVATSALA
Kalavathi S. Nergi – Appellant
Versus
District Commissioner District Caste Verification – Respondent


Appearing Advocates:For the Petitioner:K. Kasturi, Sr. Advocate with Sri Mohan, Advocate. For the Respondents:R1 & R2, C. Jagadish, R3, Ramdas, Sr. Advocate with Smt. Sumithra, Advocates.

Judgment :

A short question that arises for consideration in this Writ Petition is:

Whether the Petitioner who, by birth, belongs to Balija caste, is entitled to claim that she belongs to `Adi Dravida (SC) by virtue of her marriage with a person belonging to `Adi Dravida community?

Answer to the above question is in the negative for the following reasons:

2. Both the learned Senior Counsel Sri K Kasturi and Sri Ramdas, appearing for the petitioner, respondent No.3/Insurance Company, respectively relied upon the following decisions;

VALSAMMA PAUL (MRS.) vs COCHIN UNIVERSITY AND OTHERS (1996) 3 SCC 545);

STATE OF MAHARASHTRA vs MILIND AND OTHERS (2001) 1 SCC 4) ; and

R VISHWANATHA PILLAI vs STATE OF KERALA AND OTHERS (2004) 2 SCC 105)

3. Sri K Kasturi submitted that on 6.1977, the petitioner married to one Shankar Nergi, who belongs to Adi Dravida community (Scheduled Caste) and therefore she belongs to Adi Dravida community and on that basis, the Tahsildar of Udupi also issued a caste certificate. On 28.1979 the respondent No.3/Insurance Company appointed the petitioner as Assistant, as against the post reserved for Scheduled Caste. The petitioner is going to attain the age of supera















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