Category change because i have caste issues
Querist :
Anonymous
(Querist) 05 April 2024
This query is : Resolved
My caste is disputed. Around 2013, in response to the Allahabad High Court, our caste was considered SC by the SC Commission, but after 2017 the SC Commission changed its decision.If we lose our caste case now, will we lose our jobs because the government itself is changing its decisions?On the other hand, I was selected on the basis of my own merit candidate and did not take any reservation benefit. But the form was filled in sc category.
kavksatyanarayana
(Expert) 05 April 2024
Why did the SC Commission change its decision? I think once the case is considered, it may not be changed but an appeal on the decision filed against the commission orders, then the commission will serve notice to the party (you) concerned. Let come other experts for their opinion/advise.
T. Kalaiselvan, Advocate
(Expert) 06 April 2024
If you were appointed on the basis of reservation pertaining to SC community at that time when your caste was categorized as SC then you will continue to be employed and cannot be thrown out just because the government has changed its policy in the midway.
The effect will be applicable only to those who apply for the employment post the decision to remove the case from the list of SC community.
You can approach a lawyer practicing service law at that time when you are actually facing the problem
Querist :
Anonymous
(Querist) 06 April 2024
very good website, I didn't expect to get an answer ,As the expert team has asked why the SC commission changed its decision, both the decisions were taken by different chairmen This was not a matter of adding or removing caste but rather it was a matter of spelling that what should be the Hindi translation of a caste, so in reply to the court, SC commission had accepted the Hindi translation of our caste as correct. But later the new SC Commission chairman went against the old decision and issued a new meeting minutes declaring the second Hindi translation as correct. ๐ โค๏ธ thanks to all experts
Querist :
Anonymous
(Querist) 06 April 2024
My query was that even though I applied in sc category I got an unreserved seat. on the merit basis,Given the current situation I am likely to be left out considering I am in a general seat or Or will I have to prove my caste?๐ค
P. Venu
(Expert) 06 April 2024
It appears that you are not in the know of the full facts. It is the President of India, and not the so-called SC Commission, who notifies a particular community as scheduled caste or scheduled tribe. Please see Article 341 -
"341. Scheduled Castes
(1) The President may with respect to any State or Union territory, and where it is a State after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or group within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
342. Scheduled Tribes
(1) The President may with respect to any State or Union territory, and where it is a State after consultation with the Governor thereof, by public notification specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification."
T. Kalaiselvan, Advocate
(Expert) 06 April 2024
The explanation given in furtherance by the expert Advocate Mr. Venu seems to be very apt, believe the querist will be convinced and not raise such questions without proper knowledge of law in this regard.
Besides, the doubt raised by him that whether he will be thrown out of the job just because this caste has been removed from the list makes no meaning at all, because he was recruited at that time when this very much under the reserved category, therefore any subsequent development like this (even if it is presumed to have happened), will not have any impact on those employed then, the labor law will not leave the properly recruited genuine and confirmed employees to toil in lurch due to some authorities such whims and fancies.
Sudhir Kumar, Advocate
(Expert) 08 April 2024
In case you have availed no concession and securing higher in merit you can be considered as general candidate.
Querist :
Anonymous
(Querist) 20 April 2024
เคเฅเคฏเคพ เคเค เคนเคฟเคเคฆเฅ เคฎเฅเค เคฒเคฟเค เคธเคเคคเคพ เคนเฅเค?เคตเฅเคธเฅ เคฎเฅเค เคเคพเคจเคคเคพ เคนเฅเค เคนเคฟเคเคฆเฅ เคฎเฅเค เคฒเคฟเคเคจเคพ เคฒเคพเคญเคฆเคพเคฏเค เคจ เคนเฅเคเคพ
Querist :
Anonymous
(Querist) 01 May 2024
Mr p venu ji not understood my previous,
sc st commission submitted his reply in reply of allahabad high court's decision, but after 2017 sc st commission's chairperson changed and he changed previous reply or clarification on my caste, reviewed his decision in 2017 ,
it was matter Hindi translation of a caste ,
in different time sc st commission told different Hindi translation of a caste
P. Venu
(Expert) 02 May 2024
Which is the caste involved?
There is no longer any SC/ST Commission. You are misinformed or may be relying on hearsay.
There is an SC Commission whose stated objective is -
"The National Commission for Scheduled Castes is an Indian constitutional body established with a view to provide safeguards against the exploitation of Scheduled Castes and Anglo Indian communities to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution. Article 338 of the Indian constitution deals with National Commission for Scheduled Castes."
There is another ST Commission. The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February, 2004.
