1. How does the marriage of a Hindu female outside her caste affects her rights or benefits arising out of the Jammu and Kashmir Scheduled Castes and Backward Classes Rules, 1970 (hereinafter referred to as the 1970 Rules) ? is the important question of law referred to this Bench vide order passed by the learned Single Judge on 16.11.1990 It is submitted that as after her marriage the female acquires the status and Gotra of her husband, her rights in terms of the 1970 Rules should be determined by reference to the caste of her husband notwithstanding his own caste in which she was born.

2. Some of the facts giving rise to the filing of the present petition are: that the petitioner herein who is a member of a scheduled caste claims promotion under the rules by quashing Order No. DSW/286 of 1989 dated 20. 10. 1989 with a prayer of rest raining the respondents from reverting her to the post from which she was promoted. It is submitted that as respondent No. 3 who was originally a member of the scheduled caste, had married to a Rajput she has become disentitled to claim the benefit under the 1970 Rules. Respondent No. 3 is alleged to have made a representation against the promot