Because her caste certificate mentions her husband’s name instead of her father’s, the Patna high court has ruled, dismissing a Bihar Public Service Commission (BPSC) appeal against the candidature of an SC woman, a married woman cannot be denied caste-based reservation merely.
The court held that a caste certificate issued by a competent authority merely confirms a person’s existing status. Mentioning the husband’s name instead of the father’s does not invalidate the certificate or justify shifting the candidate to the unreserved category. She challenged the decision in the high court. The single judge directed the authorities to consider her appointment under the SC category on merit, provided she was otherwise eligible.
A division bench of Justices Mohit Kumar Shah and Sourendra Pandey, in an order dated October 30, upheld a single judge’s February 14, 2023, direction to the BPSC to consider Dr Sushma Sharan for appointment as assistant professor of obstetrics and gynaecology under the scheduled caste (SC) category.
Finding no flaw in the single judge’s order, the division bench dismissed the BPSC appeal, giving relief to the doctor. It also considered Sharan’s 2006 certificate issued by the sub-divisional officer, whose rank was higher than that of a circle officer. A subsequent certificate issued by the circle officer on August 17, 2019, mentioning her father’s name, was also placed before the court. The bench also referred to Supreme Court judgments on reservation, saying its constitutional purpose under Articles 15(4) and 16(4) was to address inequality in public employment and ensure equal opportunity for disadvantaged communities.
Because an earlier certificate does not conform to updated guidelines, the single judge had observed that a candidate does not lose their reserved-category status merely.
It also said the responsibility lay with government officials to issue certificates acceptable to recruiting and selection authorities.
