Change of caste status due to change in government policy
saurabh
(Querist) 05 August 2013
This query is : Resolved
Sir,
On the basis of the policy then prevailing("the offspring of an intercaste marriage between a non tribal man and a tribal woman can be treated as an ST if he or she has been accepted by the mother's community and has been brought up as a tribal"),I was issued a caste certificate to the effect that I belong to my mother's tribe by the State of Bihar in 2001.
After the Hon'ble SC's judgement in Anjan kumar Vs Union of India in 2006,the Bihar Govt.cancelled the enabling circular in 2007 WITH IMMEDIATE EFFECT.
The question is can the state govt.deprive me of the right that has become vested in me by the efflux of 12 years time in 2013?
Especially so when the SC in its latest judgement Rameshbhai dabhai Nayaka,delivered in 2012 has upheld such claim of an offspring of an intercaste marriage?
Please answer keeping in mind that the reversal of state govt.'s policy was brought to my notice in 2013 when my certificate was sought to be verified by my employer.
senthilkumar
(Expert) 06 August 2013
Hi,
You have to verify whether the cancellation of that circular by Bihar Govt. is with retrospective effect or prospective effect.If it is of prospective effect you need not worry, your earlier caste certificate stands good, if your employer refuses any benefit stating the cancellation of enabling Circular you can approach proper court for redress.If the Circular is of retrospective effect you have no case
saurabh
(Querist) 21 August 2013
Thanks a lot,Sir.
Have approached the High Court for redressal.
Entire controversy is upon the construction of the words "WITH IMMEDIATE EFFECT."
