Inder Dev Kumar Singh (Assistant Meteorologist-retired) 15 August 2013

Falsely obtained sc certificate

A neighbour of mine has migrated from Bihar sometime after 1970. But he has obtained a sc certificate by stating his residence as 'usually residing in Delhi at an address of the servant's quarter of an MP".

By the law of Delhi Govt, people who have migrated from other states after 1951 can be issued sc certificate on the basis of sc certificate issued to his/her father by the state from where he/she has migrated.

The above person has given his permanent address in his office records as a village in Bihar.

Kindly advice, how to get his sc certificate cancelled as he has been using it ti implicate people in sc & st Act. and get them arrested. - inderdev

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6 Replies

Sudhir Kumar, Advocate (Advocate) 15 August 2013

kindly read Representation of Peoples' Act and see what is meant by the term ordinary resident. The cast certificate is issued on the basis of ordinary residence. He could have got the cast certificate from Bihar ( as domicile of Bihar residing out of Bihar) if he was President/Vice President/State Governer/PM/CM/Milister/MP/MLA, or member of armed forces, lodged in jail or in lunatgic asylum, member of paramilitary force posted out of bihar, govt employee posted inIndian embassy. and a few other categories.

Kolla Gangadhar (Practicing Advocate since 1986) 16 August 2013

Any person obtains flasely representing he is S.C. issuing authority has power to cancel it on complaint made be any person after conducting enquiry.

Sudhir Kumar, Advocate (Advocate) 16 August 2013

agreeing with Mr Kolla Gangadhar, I will add that untiul the cast certificate is cancelled by the competent authroity, no charge of impersonation will subsist.

Inder Dev Kumar Singh (Assistant Meteorologist-retired) 16 August 2013

No, He was working as a class-IV employee of India Meteorological Department, Lodhi Road New Delhi. So he obtained the sc certificate by falsely stating that he was ordinarily residing in Delhi. The Delhi Govt. Website states the condition for the people to be given SC cert., if his father had an sc cert. from his home state.

- inderdev