Caste certificate and degree
mukesh
(Querist) 15 March 2024
This query is : Resolved
Hello sir
I am from UP. I belongs to OBC(17 mbc). But in January 2014 UP govt included my caste in SC category that time i applied for caste certificate and got SC certificate issued by Tahsildar. And in June 2015 in took admission in UPs Govt Engineering College based on that Certificate because CSC centre told me it is genuine u can use it and College had accepted it with due document verification process they didn't raised any objections for complete duration of 4 year and i passed in 2019 and also recieved my BTECH Degree.
But at that time i was minor and not aware of.. All these legal subject and was not aware that there was an Court case PIL in HC against that Govt Oder in meantime govt halted it's decision and in July 2014 there was another govt order that as per HC proceeding all DMs must spot issuing SC certificate but there was nothing about already issued certificate.
High Court hearing continued till April 2017. And HC verdict was that State Govt is not entitled to include any caste in SC according art 341-42 and hence Jan 2014 Govt Order was cancelled. HC said that validity of already issued Caste certificate will be decided by State and Central Govt.
Sir as per whole story my question is that
Am I guilty of taking benifit of that Caste certificate because that certificate was issued by govt and not cancelled when i took admission?
Someone told me that My Degree can be cancelled in future if any one complaints... Is it possible?
I am very depressed about that because my whole career is based on that degree. I comes from very humble background my parents have invested all their money and everything for my education and i passed my engineering with Honors Degree due to my hard word and currently i am preparing for State Civil Service Examination and gives examination in my OBC category.
Please advise me🙏🙏
T. Kalaiselvan, Advocate
(Expert) 16 March 2024
Now since you have completed your degree ignoring the high court ruling invalidating the inclusion of a caste into SC list, your degree is liable to be under scanner if a complaint is made against it by any person.
mukesh
(Querist) 16 March 2024
Sir high court only stay the govt order and not told any thing about already issued certificate final verdict was given in 2017 but i had already took admission in 2015.
T. Kalaiselvan, Advocate
(Expert) 16 March 2024
The stay order by high court has to be perused for rendering more opinion to your query
Sudhir Kumar, Advocate
(Expert) 17 March 2024
Prima facie the decision o the state got was illegal and the high court has aptly repelled it.
However, in between high court stayed (as you said) and issue of further certificates. The order of the high court (as you said) was silent on the certificate issued.
You had in the process applied for the certificate and got the same (as you said) and availed the benefit thereof.
The facts as described by you do not show any guilt on your part.
Further final views can be expxressed only in perusal of High Court order.
mukesh
(Querist) 17 March 2024
Sir in hight order as per verified news paper...court stayed and asked govt to fill counter affidavit on what basis govt has done this....in 2017 Final verdict of court said that if any certificate is issued then it's validity is decided by state govt but still there is no action taken by govt even after 10 year has been elapsed and that caste certificate can be verified even today online.
T. Kalaiselvan, Advocate
(Expert) 17 March 2024
If the government has not taken any decision and if this situation favor you then you may remain silent or if it affects you then you may file a writ petition against government seeking direction for an expeditious decision on this
Sudhir Kumar, Advocate
(Expert) 20 March 2024
You are not giving full facts now you are telling taht
"Final verdict of court said that if any certificate is issued then it's validity is decided by state govt but still there is no action taken by govt even after 10 year"
mukesh
(Querist) 21 March 2024
respected sudhir sir yes you got it right ..... final verdict of court after 3 year was that any certificate is issued then its validity will decided by govt but i never got any notice regarding it.
this is not single case in 2019 UP Yogi govt again directed GO to issues SC certificate without its power to 17 obc in 2022 HC has quashed it. and many people got the certificate people are not aware of these legal barrier they avail benefit by trusting on govt who is responsible for this ambiguity if someone got admission on behalf of that certificate ....
sir please.... do clear if i should be bother about it or not because at that time i was just 16 yo and my family parents are farmer they were not aware all about legal matter they even in asked CSC online center who adviced me its ok to use this certificate.......because its govt fault and at the time in 2014 when govt issue my certificate subsequently i applied admission form in march 2015 at that time there was stay order from court to issue any new certificate until govt gives clarification and court case goes on till 2017 and give verdict as i above mentioned.
what may be court observation in this case if govt in future cancelled that certificate?
i think court should give justice to me in the view of law of Estoppel and equity if any thing happens ...because as
it has been 10 year and dont forged or fake any document i went through clean hand without hiding any thing and college authority without any demur admitted me in course with due verification procees successfully completed my study got degree.
NOTE: after passing out form college i dont use SC certificate. I got new one OBC.
