Ajit Kumar 01 April 2022

Caste certificate

On 7 july 2020 haryana govt issue a notifications in which gadaria caste added in schedule caste ( according to haryana govt gadaria is sub caste of sansi caste which is already a notified schedule caste in schedule caste order 1950 , now gadaria caste which was in Backword class added as a synonym of sansi caste and added in schedule caste on 7 July 2020 and schedule caste certificate issued to person of gadaria caste. But on 10 August 2020 haryana high court stay the haryana government notifications in which gadaria caste added in schedule caste by saying that under article 341 state government have no power to include any caste in schedule caste only president by law or parliament by amendment can only do it after that high court stay the notifications, only stay not quashed.Now a person make his certificate before stay apply for a govt job and if he will be selected then it will be legally or illegally ? If he will selected for a govt job under schedule caste and if in future high court quashed the notifications then what will happen with candidate's job , will his job be safe after quashing of notifications ? If he will safe then under which category schedule caste or backword class.....

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4 Replies

Dr J C Vashista (Advocate) 02 April 2022

Your query "If he will be selected then it will be legally or illegally ?" will have direct bearing on the final order / judgment passed by High / Supreme Court, which can not be predicted at this stage.

Ajit Kumar 02 April 2022

He is not giving any fraud certificate, certificate given by revenue authority and candidate selected before quashing of notifications as case is going on and the next date of hearing is September 2022 then how can the final judgement will effect the candidate selection. If notifications quashed then it is mistake of government not of candidate then how can candidate will safe after quashing of notifications

P. Venu (Advocate) 11 April 2022

Wh is this person?

Anyhow, the certificate is valid, but not void. There is nothing wrong if he relies on the certificate while applying for Government/public sector employment.

However, the Government bound to take into inconsideration the stay granted and the final decisionState of the High Court during the selection and appointment process.

It is unlikely that decision of the State Government would be upheld.