About my caste
Guest
(Querist) 11 April 2013
This query is : Resolved
Hello sir,
My name is ANUJ KUMAR.Sir,by birth i am from Bihar but currently i am living in Punjab for more than 20 years.I belonges to kushwaha community which is under OBC category but due to some family problem or beneficial purpose,in my caste certificate i have made a certificate in schedule caste.Now i am preparing for Govt.jobs.Sir,please tell me what to with my caste,i am so tensed about it.
Devajyoti Barman
(Expert) 11 April 2013
If you are shown ST then what is the problem? You are still entitled to reservation.
Anirudh
(Expert) 11 April 2013
Mr. Barman,
Pl. try to understand the predicament of the querist.
While in reality he is a OBC, he says he has obtained a certificate saying that he is an "SC".
Needless to say, that will be wrong.
Dear Mr. Anuj, Please tell what is your caste as mentioned in your School Leaving Certificate.
Now what is your qualification. Have you ever obtained any admission into any college saying that you belong to "SC"?
Guest
(Querist) 11 April 2013
Anirudh sir,
yes sir actually i have done my graduation having schedule caste certificate and now sir i am preparing for ssc exams and now i am confused what to do?
Anirudh
(Expert) 11 April 2013
You have not answered one part of my query.
What are your school / education certificates where you are shown as "SC" / OBC.
Please indicate very clearly.
Guest
(Querist) 11 April 2013
Sir,In my school certificate nothing has written about my caste.Sir actually i wanted to become an engineer so to get admission and some beneficial things from govt. i made a caste certificate of SC.the one reason behind this is also that my parents are illetrate and are poor so they also not enquired anything about it.
Anirudh
(Expert) 11 April 2013
Dear Anuj,
Again you are not telling what I specifically want to know from you.
Now you have educational qualification certificates starting from School Leaving Certificate, Degree etc.
Please indicate, is there any indication of your caste in any of the said Certificates? (I hope not).
If that be so, whenever you are applying for any job (including Govt. Job), simply quote your caste as Kushwaha OBC. That's all. (I hope you will be able to prove that).
Devajyoti Barman
(Expert) 11 April 2013
If you do not have OBC certificate, you can not have its benefit.
If you are not fearing for getting exposed of your actual caste refer your official caste by placing the certificate.
Guest
(Querist) 11 April 2013
Sir,by birth i am from Bihar and my parents belongs to KUSHWAHA community which is under OBC but since 20 years i have been living in PUNJAB and i am in the society where people belongs to schedule caste and belongs to middle class family so they got many rights from Govt...So for this purpose i also made a certificate related to schedule caste.
Devajyoti Barman
(Expert) 11 April 2013
Then you can keep it or apply for change to OBC.
I do not think benefits differs much.
Guest
(Querist) 11 April 2013
Sir,i got admission in university with my schedule caste certificate and i have not any certificate other than SC.
Guest
(Querist) 11 April 2013
No sir actually i am worried about if there were any enquiry related to my caste after i have got a job in any Govt. sector....
Devajyoti Barman
(Expert) 11 April 2013
Meet the local Office and inquire about the procedure to change certificate from SC to OBC.
I think it can be done by following the procedure.
Do contact the officials immediately.
Guest
(Querist) 11 April 2013
Sir,if i want to keep it then in future is any kind of enquiry regarding my caste certificate done or not??and can i able to change my caste certificate as i have a resident certificate of Punjab??
Guest
(Querist) 11 April 2013
Thank you Sir for giving me such useful informations.Sir i have applied for ssc cgl exam which is on 21st april and in that i have mentioned that i belongs to schedule caste and actually i am preparing for this for last 4 months but due to caste related problems i donot concentrate in my studies.Sir,Is it a big problem????
Devajyoti Barman
(Expert) 11 April 2013
Not big enough but do not ignore this.
Do visit the office soon.
Anirudh
(Expert) 11 April 2013
Please tell when (in which year) was the SC Certificate granted to you. What was your age at that time?
Sudhir Kumar, Advocate
(Expert) 11 April 2013
I partially disagree with Mr Barman. There is no provision of change of caste.
All this person can do is that he should not use the caste certificate FRAUDULENTLY obtained which he openly admits.
dear Atul, when caught law has no sympathy for persons like you. You carry chances of losing Govt job if obtained and even going to Jail. You may like it or not you have to forget that certificate and never go near SDM office which issued this certificate based on your fraudulent application and fraudulent verification by Patwari.
Dr V. Nageswara Rao
(Expert) 11 April 2013
It was a msitake that you allowed yourself into a trap by showing yourself s Sc while you are a OBC. Tell the truth to the authorities at the earliest and get it corrected now so that you can avoid more serious consequences later.There are Supreme Court decisions on fraudulent caste certificates and all the benifits you got can be washed away.Truth is the best defense.
prabhakar singh
(Expert) 11 April 2013
The fact remains unnoticed that he has utilized this S. C. certificate for admission in graduation.
What about that when he admits it to be wrong now?
Dr V. Nageswara Rao
(Expert) 11 April 2013
With regard to admission he already got in graduation on the basis of the false certificate, it is better he tells the truth and loses his admission than continue the fraud and lose his degree later. This has hapenned before and Courts have taken serious view of things.
prabhakar singh
(Expert) 11 April 2013
Yes! Now i agree with Dr Rao.
He needs to surrender his graduation and do it as fresh.
Sudhir Kumar, Advocate
(Expert) 12 April 2013
I partially disagree with Dr Nageshwar Rao.
The cast certificate of this man is not a clerical mistake.
It appears from his blog that :-
(i) He not being SC applied for SC certificate.
(ii) He connived with the Patwari (or any other official who verified his caste status) and got favourable report.
(iii) Got admission in Graduation in SC quota and may also have availed fee concession etc.
Further the following facts cannot be ignore:-
(I) SC Certificate and OBC certificate have different proforma altogether.
(II) even if within SC or within OBC there is absolutely no provision under which cast once declared can be changed.
(III) Fresh certificate cannot be issued until the present certificate is cancelled being adjudged as fraudulent by competent authority.
I agree with Mr Prabhakar Singh that he needs to surrender degree. I will add that if he really cares for the law the he should :-
(1) Surrender the degree.
(2) Surrender Caste certificate to SDM
(3) Surrender to police following the FIR that SDM office will give against him.
(4) Confess charge of fraud before court.
(5) Live in Jail for full term of conviction
(6) Come out of Jail
(7) Apply for OBC certificate
(8) Then apply for whatever course/job he has to
prabhakar singh
(Expert) 12 April 2013
And in the process his future aspirations of a grand govt. job would be a by by case.
Sudhir Kumar, Advocate
(Expert) 13 April 2013
or other option is that he should forget the certificate and apply as a general candidate. None can blame him if selected.
prabhakar singh
(Expert) 13 April 2013
How that Mr. Sudhir!
Even then he would be exposed to risk as he has once used it for his admission in graduation and any foe of his knowing it can
turn the table around.
Had he never used it,the advice could have been simple,just tear and burn it to ashes.
Devajyoti Barman
(Expert) 13 April 2013
Disclose the truth and ask for change of certificate.
Not much risk is there.
Dr V. Nageswara Rao
(Expert) 13 April 2013
He will run greater and terrible risk if he continues with the fraud. Choose the lesser evil. If he contines with the fraud, even 'friends' will report the matter!!!
Anirudh
(Expert) 13 April 2013
I have the following views:
1. He has submitted the current application for SSC Examination stating that he belongs to "SC" Category. Since his claim to "SC" category is wrong, even if he succeeds in the examination, he will be under trouble when the caste verification takes place. SO, THE BEST THING FOR HIM IS NOT TO SIT FOR THE EXAMINATION.
2. In future, whenever he applies for any Government Job, he should simply quote his caste as Kushwaha OBC.
3. In future, whether it is for private job or for government job, he should always claim his caste as Kushwaha OBC. IF HE DOES THAT, HE WILL NOT HAVE ANY TROUBLE.
