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Fred Hero   11 August 2021

Status of my caste

My father belongs to muslim community and my mother belongs to Schedule Tribe Hindu Community both of them are living separately from year 2003 although legally divorced on 2015. Me and my brother are staying with my mother since 2003 and practicing hindu religion will I be able to avail ST certificate on the basis of this that I have been brought up by my Mother and never got any help from father and have no connection with him
Your reply will be very helpful
Thank you.


Learning

 4 Replies

Dr J C Vashista (Advocate)     11 August 2021

Indian society recognises patriarchal system accordingly you are a Muslim and can not get benefit of ST reservation through your mother.

However, local laws govern the subject, it is advisable to consult a local prudent lawyer for appreciation of facts, professional guidance and necessary proceeding.  

2 Like

G.L.N. Prasad (Retired employee.)     11 August 2021

Definitely yes.  As there is a provision and many utilized that provision.  The applicant should be brought up by their mother and must live in that community for a long.  There is one SC Judgment but I could not recollect details immediately.   I am aware of many such cases where the certificate was issued basing on such judgment. Search in google with such keywords.  File RTI application to the collector and seek information as follows:

Facts: The applicant's mother belongs to ST, separated from her Muslim husband through a legal divorce in 2015, and being brought up with the ST Community of mother

Information solicited:   Please provide me a certified copy of that laid down norm s/circular/ order that legally allows such individuals to get ST certificate.

1 Like

P. Venu (Advocate)     11 August 2021

Yes, you can. There are binding judgments. See Rameshbhai Dabhai Naika v. State of Gujarat 

1 Like

Fred Hero   11 August 2021

Thank u for the information


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