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jeet   28 August 2024

Legal opinion on denial of obc certificate for my children.

 

Respected All,

I hope this letter finds you well. I am writing to seek your legal opinion and advice regarding an issue I am currently facing concerning the issuance of OBC (Other Backward Class) caste certificates for my children.

I,Mr Patel, belong to the Kunbi caste, which is recognized as an OBC under the Government Resolution No. CBC/1467/M dated 13/10/1967. I am a Gujarati by origin, and my family and I have been residing in Maharashtra since before 1967. Proof of our residence in Maharashtra prior to 1967 was provided and accepted during the issuance of my OBC caste certificate in 2011 by the Deputy Collector of Nashik, Maharashtra.

Recently, I applied for OBC caste certificates for my children, citing my own certificate as evidence. However, to my surprise, the concerned authorities have denied the issuance of these certificates to my children.

Given that I have a valid OBC certificate issued by the Deputy Collector and that the Kunbi caste is recognized as an OBC in Maharashtra, I am struggling to understand the basis on which my children's applications have been rejected.

In light of this situation, I would greatly appreciate your expert legal opinion on the following points:

1. Validity and Applicability: Is my OBC caste certificate, issued by the Deputy Collector in 2011, still valid for the purpose of obtaining similar certificates for my children?

2. Legal Recourse: What legal options are available to me to challenge this denial, and what would be the best course of action to ensure that my children receive their rightful OBC certificates?

3. Documentation and Evidence: Are there any additional documents or evidence that I should submit to strengthen my case, and what should I be mindful of during this process?

4. Possible Grounds for Rejection: What could be the possible reasons for the authorities to deny the issuance of OBC certificates to my children, and how can these be addressed?

Your advice on how to proceed would be invaluable, as I wish to resolve this matter efficiently and in accordance with the law. Please let me know if you require any additional information or documentation from my end to provide your opinion.

Thank you in advance for your assistance. I look forward to your guidance on this matter.

Yours sincerely,  

Mr Patel.



Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 August 2024

As per recent rules, the Kunbi caste certificate will be issued upon submission of an affidavit by the applicant establishing relations with his/her blood relatives or other members of his family who have found Kunbi records being the applicant's.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 August 2024

You have not mentioned the caste of your wife. Does she also belong to the same caste or a lower caste? If she belongs to one of the so called general caste it will be difficult for your children to get OBC certificate. Did you mention the caste of your wife in your application?

T. Kalaiselvan, Advocate (Advocate)     28 August 2024

  1. Yes,
  2. Based on the certificate issued to you, your children are also entitled to the OBC certificate, if it was denied by the authorities concerned, you may approach the District collector for remedy, if you do not get any relief from District collector also then you can decide about filing a writ petition before high court to obtain the OBC certiicate.
  3. You can get your close relatives residing in the city to give affidavit to affirm that you belong to the same community.
  4. Without seeing the letter rejecting your applicaiton any further opinion rendered in this regard will be misguiding.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 August 2024

In the case of inter-caste marriages, if one of the spouses belongs to a caste to which reservation rights are not available, it will be very difficult to get a caste certificate for the purpose of availing reservation benefits. There are many court cases in this respect.


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