IS IT LEGAL OR ILLEGAL ?
Querist :
Anonymous
(Querist) 23 June 2011
This query is : Resolved
respected sir,
please read it without getting bored..its a little lenghthy.
I am an engineer. graduated recently. i never used a caste ceritificate , not even for securing my engineering seat as my rank was 42 in entire state i reside. now i am applying for post gradute entrance exam. and i want to use the benefits of my caste as there will be more peoples applying for it and higher level of competition.
MY father didn hav any recent valid caste certificate. so i took my uncle's (father's brother)caste ceritificate as a proof of caste. but he is in ST category and my school record says i belong to CAT 1.
confusion started when the tehsil office and the revenue dept. after verfying my uncle's caste certificate and other records like ration card and proof of my relationship with my uncle, they gave me a ST certificate.
MY QUESTION IS ,,, can i use this ST certificate or should i go back to tehsil to tell about my school records? is it legal or illegal to use this ST certificate ? what consequences i may face and why? and if it is legal are they going to enquire into my school record in the future for any circumstances ? and what are such circumstances?
this is the same situation with most of the peoples belonging to our caste.. many of their own blood relatives are considered as ST and its well known to everyone and nothing FAKE OR FALSE about it! some tehlils/ in some districts consider us as pure ST and some consider as CAT 1.
please advice .. i want to be a good scholar. i neither want to be a cheater nor i want to be a stupid.
R.Ramachandran
(Expert) 24 June 2011
I like your clear approach.
Better go to the Tehsil, tell about your school records, also tell about your real category and how your school record was not revealing the real fact; then ask for the certificate. If the Tehsil gives you a certificate of 'ST' after such disclosure, you will be on a very very strong wicket. I am concerned that the whole process should not take too much time and you should not lose out on the admission.
Take care. Again, I am happy for you that you want to do things in a straight manner.
Guest
(Expert) 24 June 2011
Dear Anonymous,
Neither it depends upon the discretion of some tehlils or some districts to consider and the others not to consider any caste as of scheduled tribe, nor it depends upon your school certificate about the consideration of your caste as ST or other caste. The consideration is on state to state basis as per the THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950, according to which the castes have been declared as Scheduled Tribes. So, you need to check that order if your caste falls within the scope of the ST Order of 1950, as per your birth state. The list is available in the First Schedule of the Constitution of India. You may also go through the said order available at the Ministry of Law's website at the following Link.
http://lawmin.nic.in/ld/subord/rule9a.htm
So, from this link you can find if your certificate is legal or not as per the category listed in the order under each state of India.
If your category falls within the ST, you must take advantage of the constitutional benefit provided to your category. That will be quite legal. Nobody can challenge that.
Wish you good luck
PS Dhingra
prabhakar singh
(Expert) 24 June 2011
I share the opinion expressed by mr. PS Dhingra, CEO, Dhingra Group .
Ashok Yadav
(Expert) 24 June 2011
I do agree with the opinion of Mr. Dhingra, it all decided by law, any authority can not decide that any caste is Sc or St or General. Act as per his advice.
Isaac Gabriel
(Expert) 24 June 2011
You were able to convince the authorities about your caste and obtained the certificate which alone is the conclusive proof that you beong to ST community.The Tehsil is the authority competent to fix the community with relevent proof and evidences available.So you need not get any anxiety and proceed with confidence.Best of luck.
