(Querist) 28 January 2019
This query is : Resolved
In the year 1984 after all averments, Kothvalasa Muncif Court given a judgement that "A" is eligible for claiming ST Caste from Tehsil Office, Kothvalasa, Andhra Pradesh. Now based on the same judgement copy his son can claim ST caste? because A never obtained caste certificate and died, whereas A's son already obtained BC caste certificate from Tehsil Office after A death, due lack of knowledge on court matters, A's son enrolled as BC in School Records. Also A's Grand Son got an employment on OBC Caste, because this grandson childhood onwards BC. Now A's son is approaching tehsil office for ST status as his father belonging to ST. Please help me out. What will be the legal implications. Can he approach, if he can what is the status for A's grand son and his employment.
(Expert) 28 January 2019
You have not posted the complete facts. Please post the complete facts, esp. the context in which the query has been raised and how you are related to the issue.
(Expert) 28 January 2019
Generically speaking; The cast of son is caste of Father. The judgment may help.
(Expert) 28 January 2019
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record. Obtain proper legal opinion in writing! Avoid acting on your own on hearsay. One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also. Some of such entities remain glued to their computers and post in any thread including thread initiated by you. Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law. One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked. Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Such entities post abuse if anyone good LCI Experet post details/links/citations for the benefit of querists/readers. Such entities may paste picture of aged/old/sick looking individuals. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid. Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished. There are such very able counsels at each location. Check for such counsels at LOCAL; Civil Courts, HC, SC,.. You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Civil matters. Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you. Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed. There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many. Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE. IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent. In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS. You can go thru/search the cases contested by any Lawyer at court website. Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person. Obtain proper legal opinion in writing. If you are confident that you are well versed with provisions of applicable rules/laws and procedures and can handle the matter on your own, go ahead.
Dr J C Vashista
(Expert) 29 January 2019
Apply to concerned Tehsildar for issuance of caste certificate as decided by the Court and cancellation of already issued certificate. What is basis for declaration of grandson as ST whereas his two generations were reaping benefit of BC ?
"elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc"