Status of beneficiary of st certificate
rahul
(Querist) 27 March 2017
This query is : Resolved
By “the constitution (scheduled tribes) order amendment act”, the Hindi meaning of a scheduled tribes had been changed.(consequently issuance of ST Cast Certificate to this caste had been closed and this cast had been put under obc list) Recently this constitution (scheduled tribes) order amendment act had been repealed by the central government .on this repealing , different opinion has been arisen on the hindi meaning of this scheduled tribes between central government and state government . state government ‘s view point is, since the amending order has been repealed consequently the situation before amendment is restored and ordered to its officials vide its official gazette to issue ST certificate in state and central format to caste listed before amendment.
Whereas the central government is of opinion that no changes have been made by repealing of the said amendment by virtue of saving clause of the repealing Act ,which is as under.
“The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to-----“
Sir on the basis of above facts my question is:-
1)What is the status of beneficiary of this ST certificate in the eye of law who applied cast certificate on the basis of state government order and gets benefit of this ST certificate?, if he is not aware about different opinion on the hindi meaning of this scheduled tribes between central government and state government at the time of taking benefit of this certificate.
Sudhir Kumar, Advocate
(Expert) 28 March 2017
It is central govt alone who is competent to publish list of SC/ST communities.
This list is prepared state-wise for each state.
If the name of the cast exists in the schedule he is in or not.
