infy 19 July 2016

Caste validity certificate

Dear Sir,

Background
My Client is working in State Government Office, according to State Government rule, the Candidate after joining(2012) on the reservation seats should within certain period should bring the Caste Validity Certificate from the Divisional Caste Validity Committees.

My Client before joining the State Government had taken admission to MBA College, thereafter the College asked him to submit the Validity Certificate, which he submitted that it is under consideration before the Divisional CVC.

The Divisional Caste Validity Committee's are bodies governed under Social Justice Ministry of the state.
My client had Caste Certificate of 1995 of One district which his Grandparents belonged ( Residence years of Grand parents Year -1940 Lets Say X District) and applied before Caste Validity Committee (CVC) had a its Jurisdiction submitted the proof of his Cousin Brother and Cousin Sisters Caste Validity Certificate, farther and Uncle's school leaving certificate of 1954 and 1958 of other district ( Let say Y District)

In accordance with rule of Divisional CVC proof before 1961 is required to be submitted that Candidate belong to that Category. The CVC rejected his claim on the ground there was some over writting in school records.

Subsequently, We filed a Writ Petition before the appellate i.e. High Court, the High Court granted the interim Stay.

Now, Since his father uncle had come to District Y, He applied for New Caste Certificate in that Stay ( Knowing that his caste validity was rejected in district X divisional CVC.

He obtained it , but not mentioned that it had caste Certificate of district X. Now he applied caste validity Certificate on the basis of MBA college to District Y, suppress the fact that he had rejected from District X Divisional CVC.

District Y again raised similar question about over writing in the School records in 1954, which he was called upon for clarification and gave Clarification that Caste was included in gazette of the State in 1961 therefore the overwriting in records are prior to 1961. The Divisonal CVC of Y gave him validity Certificate.

Now the Questions are:

whether caste Validity is obtain by suppressing the fact that his claim was already rejected by district X can be considered as fraudulent way?

How to approach the High Court, If he approaches the HC then District X CVC may take objection and cancel and take legal action against him?

Whether to keep salient on the fact and wait for 15 Years for High Courts Final Judgment?

Whether to submit fact on affidavit to HC?

Reply Follow

4 Replies

P. Venu (Advocate) 20 July 2016

Since the matter is already stayed by the HC, wait till the final decision. The ground on which the certificate was issued by another CVC, shows that earlier decision was erroneous.

infy 20 July 2016

The respondent No.2 has filed an application recently at para 12 of the application has stated that

Petitioner has been working on the post reserved category though his claim to the said category has been rejected by the Respondent No.1 Caste Validity Committee. Applicant further states and submits that if the caste claim of Petitioner is found to be invalid by the Hon’ble Court, it will cause not only injustice to the candidates who are/were eligible for the said Post in the above category but a huge loss to the Applicant as well.”

The Repondent No.2 is repeadtly asking for Caste Validity Certificate. At present the matters on the board are of 2006 -07, this matter will be listed after 15 years in high Court what is alternate remeady. In other matter recently the high coourt has stripped the CVC becasue of nonsense judgements....