Education, employment and economic empowerment are some of the programmes, the State has evolved and also provided reservation in admission into educational institutions, or in case of other economic benefits under Articles 15 (4) and 46, or in appointment to an office or a post under the State under Article 16 (4).
Economic empowerment is a fundamental right to the poor and the State is enjoined under Articles 15 (3), 46 and 39 to provide them opportunities. It is an underlying fact that only when the poor and people who are economically down get access to better education and employment the overall economy of the country will change. Further the great leaders of the nation beleived that a nations growth depends on the empowerment of the socially challenged community of the country. So any fraud or misrepresentation in that matter would amount to mockery of the vision of the leaders who drafted the constitution.
When a member is transplanted into the Dalits, Tribes and OBCs, he/she must of necessity also undergo same handicaps, be subject to the same disabilities, disadvantages, indignities or sufferings so as to entitle the candidate to avail the facility of reservation. A candidate who had the advantageous start in life being born in forward caste and had march of advantageous life but is transplanted in backward caste by adoption or marriage or conversion, does not become eligible to the benefit of reservation either under Article 15 (4) or 16 (4), as the case may be. Acquisition of the status of Scheduled Caste, etc., by voluntary mobility into these categories would play fraud on the Constitution, and would frustrate the benign constitutional policy under Articles 15 (4) and 16 (4) of the Constitution.
Below are the various judgements passed in favour of the above information:
Madras High Court State Through The Deputy … vs Bava Bhurdeen on 18 November, 2019
Madras High Court K.Shanthi vs The District Collector on 27 September, 2019
Madras High Court P.Vijayalakshmi vs Special Commissioner And on 7 August, 2009
R.Chandevarappa v. State of Karnataka, (1995) 7 JT (SC) 93
In Muralidhar Dayandeo Kesekar v. Vishwanath Pandu, (1995 (3) JT (SC) 563
Supreme Court in Valsamma Paul Vs Cochin University (AIR 1996 SC 1011 :: 1996 (3) SCC 545)
