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january 2005

Supreme Court of India · 2005-01-28

SANDHYA THAKUR vs VIMLA DEVI KUSHWAH

Citation / case number
SC 2003/3186
Court
Supreme Court of India
Petitioner
SANDHYA THAKUR
Respondent
VIMLA DEVI KUSHWAH
Author
P.K. BALASUBRAMANYAN
Bench
C.J.I, G.P. MATHUR & P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court upheld the decision of the High Court affirming the District Judge's ruling that the appellant, a Maharashtrian Brahmin by birth, was ineligible to contest a seat reserved for backward communities based solely on her marriage to a Namdev. The Court clarified that eligibility for such reserved seats is determined by birth and not by marriage, referencing the Circular dated 12.03.1997, which applies to elections as well as employment and education. The appeal was dismissed with costs, confirming the lower courts' decisions.

SANDHYA THAKUR vs VIMLA DEVI KUSHWAH · Niyam