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april 1976

Supreme Court of India · 1976-04-06

PRINCIPAL, GUNTUR MEDICAL COLLEGE, GUNTUR vs Y.MOHAN RAO

Citation / case number
SC 1975/60477
Court
Supreme Court of India
Petitioner
PRINCIPAL, GUNTUR MEDICAL COLLEGE, GUNTUR
Respondent
Y.MOHAN RAO
Author
RAY, A.N. (),BHAGWATI, P.N.,GUPTA, A.C.,FAZALALI, SYED MURTAZA,SINGH, JASWANT
Bench
RAY, A.N. (CJ),BHAGWATI, P.N.,GUPTA, A.C.,FAZALALI, SYED MURTAZA,SINGH, JASWANT

Judgment text excerpt

The Supreme Court held that under Article 15(4) and Article 29(2) of the Constitution, the State can make special provisions for Scheduled Castes without requiring membership by birth. The Court found that the Constitution (Scheduled Castes) Order, 1950, does not stipulate that a person must be born a Hindu or Sikh to be considered a member of a Scheduled Caste, but must profess such a religion at the time of application. The Court dismissed the appeal, affirming that the note requiring birth membership was void and that conversion does not automatically strip a person of their caste membership, depending on the caste's structure and rules.

PRINCIPAL, GUNTUR MEDICAL COLLEGE, GUNTUR vs Y.MOHAN RAO · Niyam