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human (nil)     19 February 2012

Caste certificate

According to our caste law childs caste is determined by father's caste. If a child has obtained a ST caste certificate based on his fathers caste certificate and later joins a job. But if fathers certificate is found fake what 'll be the consequence for the child. If the child was not aware of his actual caste, can he be termed as guily and whether his job will be problem.



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 6 Replies


(Guest)

yes.its his father's fault

human (nil)     20 February 2012

but how can the child defend him..under which section of the law..

AKSHANSH SINGHAL (ADVOCATE)     26 February 2012

there is some kerala high court judgement which says the SC/ST certificate can be issued on mother s caste as well -AIR2001Ker133 ;2008(3)BomCR357 ; 2009(3)BomCR497, 2009(111)BomLR2285 ;

these are few judgements which touches the Issue.. though distinguishable on facts..

AKSHANSH SINGHAL (ADVOCATE)     26 February 2012

Case Note: Constitution – writ of declaration – Articles 14, 15 and 226 of Constitution of India and Sections 10 and 12 of Contempt of Courts Act, 1971 – whether both or either of parents on crucial date of said notification should have been born and continue to reside in Pondicherry and - can such rejection reasonable within meaning of Articles 14 and 15 – whether origin of father only be taken as criteria and not mother as per impugned memorandum – insisted that either parents has origin at Pondicherry sufficient for their children to get scheduled caste certificate within parameters of law and constitutional rights guaranteed under Articles 14 and 15 – petition allowed.-AIR2005Mad116, 2004WritLR805

AKSHANSH SINGHAL (ADVOCATE)     23 March 2012

Cases Reported: Rameshbhai Dabhai Naika v. State of Gujarat, (2012) 3 SCC 400 (18-1-12): Caste of father is not a determinative factor in cases like status of offspring of inter-caste or tribal-non-tribal marriage as caste/tribe of child can be of mother to avail reservation. (Source :SCC ONLINE)

Sudhir Kumar, Advocate (Advocate)     23 July 2012

Query is too sketchy.  certainly there are more facts.  No Govt cervants gets hauled up on reservation issue so easily.


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