IPC 420, 467
Querist :
Anonymous
(Querist) 01 August 2011
This query is : Resolved
X(Female) was married with Y (Male) in Oct 2008. Y is Scheduled Caste(SC)and X is Backward Class (BC). X name was registered in Y Ration Card on May 2009. Father of X(Female) prepare his daughter (X)BC certificate on Jul 2009 with his father old Ration card photostat in which the name of the X is lies and giving affidavit by father that she is student and our family member. But actually in May 2009 X father struck out his name. X (Female) is appointed as teacher in Govt School on contract basis in Backward Class(BC) Certificate on Aug 2009.
Y prepare the SC Certificate of X in Dec 2009 with his ration card in which name f the X is add in May 2009.
Now X has 2 certificates, one is BC on which X is appointed and second in SC.
Is the BC certificate of X is valid or not.
or
Is the SC certificate of X is valid or not.
Some third person Z complaint to police that X (Female) BC certificate is invalid, inquiry conducted by Police and police gave their views that register FIR againt Female father and sent file to DA(Legal).
What Can we do now to save the father?
M/s. Y-not legal services
(Expert) 01 August 2011
Yes. X not allowed to maintain two community certificate in her name.. She have to surrender her erstwhile community certificate. But by that qualification only she got job mean she have to loose her job. So better she can cancelled her second community certificate. So she can continue her job.
M/s. Y-not legal services
(Expert) 01 August 2011
Same time you have to clear one thing that, that allotted job just for general reservation or only reserved for backward class peoples? If its only for backward class community peoples and on that reason only she got placement mean surely she can't continue her job. In case if its reserved for general people mean its not a issue. Because just she was b.c at the time of appointment. Now she is s.c. Thats it.
M/s. Y-not legal services
(Expert) 01 August 2011
And for your information, here section 467 will not made out, because at the time of appointment she is backward class only. While being so she got placement for the said job. Same time after married a schedule community person her community certificate issued as said community. So surely this acts can't covered under this section. More over we can take plea as this issue is clear civil disputes.
Raj Kumar Makkad
(Expert) 02 August 2011
Even though X performed her marriage with Y, a person of SC communitty even then she is not entitled to take benefits of SC category as held in various decisions by various courts so she still stands in backward community and on this ration there is no illegality in the issuance of her backward certificate but the way it has been got prepared is totally illegal and against facts so if contents of application moved by fater of X are scrutinized then he is an accused but otherwise this vertificate is valid and not subsequent obtained by Y.
Querist :
Anonymous
(Querist) 02 August 2011
what are the remedies to save the father for illegality ?
Raj Kumar Makkad
(Expert) 02 August 2011
Persuade the public authorities or complainant to move their complaint ahead.
Querist :
Anonymous
(Querist) 08 August 2011
Sir, the inquiry conducted by Police Authorities is against X (Female) who used the Backward Class certificate. Can husband object on this, that why not father of the female be punished rather than his daughter, because father prepare her BC certificate with forged documents and affidavit. Please advise
