Safiya Malik

The Jammu & Kashmir High Court has directed the authorities to take a decision on issuing a Scheduled Tribe (ST) category certificate to the petitioner, a member of the Padri Tribe, on or before February 11, 2025. The court observed that caste status is determined by birth and not by marriage, relying on the clarification issued by the Ministry of Home Affairs and the Social Welfare Department.

The court passed this directive while hearing a petition challenging the rejection of the petitioner’s ST certificate application by the revenue authorities. Noting the urgency of the matter, as the petitioner intends to apply for the UPSC Civil Services Examination before the deadline of February 11, 2025, the court instructed the concerned authorities to ensure timely compliance.

The petitioner, Shivaeta Rani, filed WP(C) No. 169/2025, challenging an order dated December 30, 2024, in which her application for an ST certificate under the Padri Tribe category was rejected by the respondent authority. The petitioner sought a direction to the authorities for the issuance of the ST certificate, asserting her rightful claim.

The petitioner had initially filed an appeal before the Additional Deputy Commissioner, Kishtwar, under the Public Service Guarantee Act, 2011. The appellate authority, while rejecting the appeal, granted liberty to approach the competent authority, noting that the issue was technical and required adjudication under the Reservation Act or through clarification from the Law Department.

The petitioner placed reliance on a legal opinion issued by the Law Department on December 16, 2024, which had been communicated to the Deputy Commissioner, Kishtwar. The Social Welfare Department, in consultation with the Law Department, had conveyed that a woman cannot be denied her SC/ST/OBC status after marriage to a non-SC/ST/OBC person.

The court examined the clarification issued by the Ministry of Home Affairs, which stated: "The guiding principle is that no person who was not a Scheduled Caste or a Scheduled Tribe by birth will be deemed to be a member of a Scheduled Caste or a Scheduled Tribe merely because he or she had married a person belonging to a Scheduled Caste or a Scheduled Tribe. Similarly, a person who is a member of a Scheduled Caste or a Scheduled Tribe would continue to be a member of that Scheduled Caste or Scheduled Tribe as the case may be, even after his or her marriage with a person who does not belong to a Scheduled Caste or a Scheduled Tribe."

The court further noted that the Social Welfare Department had already communicated this clarification to all Deputy Commissioners in Jammu & Kashmir, including the Revenue Department, thereby making it applicable for the assessment of ST certificate applications.

During the hearing, counsel for the respondents submitted an affidavit stating that they had no objection if the petitioner’s case was reconsidered strictly in light of the government’s clarification and the legal opinion provided by the Law Department.

The Jammu & Kashmir High Court issued the following directions:

1. Decision on ST Certificate – The respondent authority must take a decision on issuing the ST category certificate to the petitioner by February 11, 2025, ensuring that she can apply for the UPSC Civil Services Examination before the deadline.

2. Strict Compliance With Clarification – The decision must be made strictly in conformity with the clarification issued by the Social Welfare Department, based on the Ministry of Home Affairs’ guidelines, which confirm that caste status is determined by birth and remains unchanged after marriage.

3. Communication of Decision – The decision on the certificate must be forwarded to the petitioner on or before February 11, 2025.

4. Compliance With Court Order – The respondent authority must ensure compliance with the court’s order and provide a copy to the petitioner’s counsel under the seal and signature of the Bench Secretary.

Case Title: Shivaeta Rani v. Union of India & Ors.
Case Number: WP(C) No. 169/2025
Bench: Justice Wasim Sadiq Nargal

[Read/Download order]