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Dr.Rajesh karthick   14 May 2024

Caste certificate eligibility

I am 42 yrs old , scheduled caste person from karnataka.i hv two daughters studying in Kerala in 2nd and 8th std.i hv applied fr caste certificate for my daughters in Karnataka as all my certificates hv Karnataka address.my aadhar ,voters id ,driving licence and the address in my caste certificate etc. even their adhaar card is of Karnataka address.

Are they not eligible to be given caste certificate jst because they study outside Karnataka???

 



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 12 Replies

Dr. J C Vashista (Advocate )     14 May 2024

They are eligible to get caste certificate of domicile in Karnataka despite the fact they are studing in Kerala.

1 Like

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

You can get the caste certificate from Karnataka state itself 

1 Like

H.JanakiManohar Rao (lawyer)     14 May 2024

S.C in one State may not be S.C in another State unless it is schduled in State list of that state.For example S.C of Tamilnadu State may not be S.C in Karnataka.
1 Like

Dr.Rajesh karthick   14 May 2024

Originally posted by : Dr. J C Vashista

They are eligible to get caste certificate of domicile in Karnataka despite the fact they are studing in Kerala.

 

P. Venu (Advocate)     14 May 2024

What do you mean by "Are they not eligible to be given caste certificate jst because they study outside Karnataka???"

What do you mean by "caste certificate of domecile"? It appears that there are some unstated facts/issues. 

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

Since you belong to the SC caste, your children are entitled to have the certificate based on your caste certificate in Karnataka even though the children are studying in Kerala.

They are not going to reside permanently in Kerala hence they are entitled to have the community certificate in Karnataka based on their father's community certificate 

1 Like

Dr.Rajesh karthick   14 May 2024

Replying to venu sir

I hv applied for caste certificate for kids for 5 times .got rejected everytime.all they said was ,get it from place where they are studying.

This is by govt order so wrong .but then when u go to such office with not so kind  officers who evn shouted saying that I hv rejected it 5 times why r u CMG again ang again. 

U can't evn be offensive to them .u cnt show them govt orders.cz don't want to offend .now after 4 months and five rejection,I am not left with any choice other than moving court .am I right ??? Venu sir said sm  unstated facts or issues . Pls feel free to ask cz I didn't get WT issues u r referring to. 

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

If the Tehsil level officer is not entertaining your application seeking community certificate, there was no necessity to approach them five times, instead on the second refusal itself you could have approached the district collector with a similar application seeking his intervention and direction to concerned officer to furnish the desired certificate as per prevailing law in this regard.

If that remedy also was exhausted without any relief then you can very well escalate the matter legally by filing a writ petition before high court seeking direction to concerned officer as a writ relief.

Even now you can follow the steps suggested.

1 Like

Dr.Rajesh karthick   14 May 2024

Since I cudnt find enough material in this regard earlier i  was confused whether my kids are eligible for caste certificate in Karnataka or not.recently i found a govt order where it's mentioned that upon migration for the purpose of studies or job the caste of father will be applicable.whn I showed this to revenue officer ,it infuriated him further.probablr hurt his ego .I will attach the govt order .don't know whether it is suffie t to be provided if I take legal route .pls guide .tnks

P. Venu (Advocate)     15 May 2024

Yes, there is no point in entering into  duel, esp, verbal, with a lower level functionary. You can escalate the matter within the official hierarchy. Also, there are judicial as well as quasi-judicial remedies that could be pursued.

Also, requisite information could be accessed under RTI Act.

1 Like

T. Kalaiselvan, Advocate (Advocate)     15 May 2024

The middle man staff is not the authority or law maker.

There are other higher officers above him and a court to provide you relief as per the provisions of law.

You may plan to proceed step by step.

2 Like

Parth Chawla (Lawyer)     22 May 2024

Hey,

I have read your query and would like you to know that Tahsildar has all the power to accept or reject the certificate. If he finds any mis-appropriation he can reject the certificate or he can recommend to submit the application after making the required changes.

In the case of Action Committee on Issue of Caste certificate to Scheduled Castes and Scheduled tribes in the State of Maharashtra & Anr. 1994 the Supreme Court of India addressed the issue of whether a person belonging to a Scheduled Caste or Scheduled Tribe community can claim benefits based on the SC/ST status of their home state if they migrate to another state.

The court highlighted that the President of India prepares state-specific lists of Scheduled Castes and Scheduled Tribes under Articles 341 and 342 of the Constitution. This means that SC/ST status is determined based on the state of residence at the time the caste or tribe was included in the list, not the current state of residence. Residence refers to a long-term and established place of living.

The court clarified that migrating to another state for education, employment, or any other reason does not change a person's SC/ST status based on their native state. However, they can only claim benefits based on the SC/ST list of the state they are considered permanently resident in at the time the caste/tribe was included in the list.

 

In your case, you can try to apply for an SC certificate in Kerala if you are able to, and if your daughters are planning to study there for long time or seek benefits in Kerala.

You can file an RTI application addressed to the Tahsildar which might get you a documented reason for the delay in proceeding and hold them accountable. If Tahsildar remains unresponsive you can submit a written complaint to Sub-Divisional Officer and if the issue is still not resolved you can file a written complaint to the District Collector’s Office. Advised is to follow proper channels for escalation before resorting to legal action.

Hope it helps you with your query

Regards,

Parth Chawla


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