The Supreme Court has decided to refer to a larger bench for its authoritative pronouncement on the issue whether a Scheduled Caste woman is entitled for reservation benefits after marriage in another state where she is living with her husband of same caste.
A two-judge bench of justices G S Singhvi and V Gopala Gowda referred the case to a larger bench as another related matter has also been referred to a larger bench.
"The question arising in this appeal is whether a person like the appellant, who is a Scheduled Caste in the State where she was born will not be entitled to the benefit of reservation after marriage in the State where her husband is living despite the fact that the husband also belongs to Scheduled Caste and the particular caste falls in the same reserved category in the State of migration and that she is a permanent resident of that State.
"Since the other related matter has been referred to a larger Bench, we think that it would be just and proper to refer this matter also to the larger Bench," the court said.
The court also directed the registry to place the papers before the Chief Justice of India for consideration and appropriate order.
The bench was adjudicating an appeal filed by a woman, belonging to Scheduled Caste, challenging the order of Uttarakhand High Court dismissing her plea in the matter of appointment as District Information Officer against the post of reserved category in the state.
The woman, born in Punjab, has been living in Uttarakhand with her husband after her marriage.
She was provisionally selected but her candidature was cancelled by the Public Service Commission, Uttaranchal on October 4, 2005 on the ground that she cannot take benefit of reservation in the State of Uttarakhand because she is a Scheduled Caste (Valmiki of Punjab).