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15. Kulsum Nisha v. State of U.P. & Ors.
2026 INSC 617
Succession – Compassionate allotment – Married daughter – Exclusion from definition of “family” – Marital status cannot be the sole ground for denial of consideration. [Constitution of India, Arts. 14, 15, 19(1)(g) and 21; Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016] (Ratio )
FACTS
The appellant’s mother was a fair price shop dealer. Upon her death, the appellant sought allotment of the shop under the dependent quota. The application was rejected solely on the ground that the appellant was a married daughter and was excluded from the definition of “family” under the applicable Government Order. The appellate authority affirmed the rejection. The High Court dismissed the writ petition following earlier Division Bench decisions.
The appellant challenged the decision before the Supreme Court.
HELD
The Supreme Court held that the exclusion of a married daughter from consideration solely based on marital status is arbitrary and constitutionally impermissible.
