Smt. D. Neelima vs The Dean Of P.G. Studies, A.P. ... on 12 February, 1993
6. The law on the aspects dealt with by the Government Orders has undergone a sea change. Cases where a SC/ST woman marrying a man belonging to other caste and claiming reservation, cases where children of forward caste parents taken in adoption into family of SC/ST/BC claiming reservation have repeatedly come up before the Courts. The cases where off-spring of an inter-caste marriage couple-either of the spouses belonging to SC/ST - claiming reservation are not new. In all the three categories of cases, the claim was for a preferential treatment either under Articles 15(4) or 16(4) of the Constitution of India. In all the cases decided by the Supreme Court falling in one of the first two categories, the test laid down is that whether the person claiming reservation under Articles 15(4) and 16(4) of the Constitution of India had advantageous start in the life of being brought up in forward family. With regard to the woman of a forward caste marrying a man of SC/ST, a Division Bench of this Court in Smt. D. Neelima v. The Dean of P.G. Studies, Andhra Pradesh Agricultural Universities, Hyderabad, AIR 1993 AP 299, held that though all married woman become members of the families of their husbands snapping all ties from parental homes and acquire status as a SC/ST/BC, still they are not entitled, by virtue of marriage, to claim reservation under Article 15(4) and Article 16(4) of the Constitution of India.