Sudhir Kumar, Advocate (Advocate) 23 October 2023
whether certificate was forged
certificate was genuine but obtained by false information.
Sudhir Kumar, Advocate (Advocate) 24 October 2023
when was teh certificate issued?
whether the file relating to issue of certifiate is available in Tehsil Oiffce or weeded out as old record?
SUJAY KUMAR 26 October 2023
Sudhir Kumar, Advocate (Advocate) 28 October 2023
I repeat my question.
is the file leading to cast certificate available in tehsil Office.
this information is absolutely essential for me to form a view.
P. Venu (Advocate) 29 October 2023
You are on an impossible mission. The information obtained from the school do not have primacy over the caste certificate issued by the competent authority.
Sudhir Kumar, Advocate (Advocate) 31 October 2023
You have to understand.
1. Tehsildar / Talukdar (or what other name called in state) is the Competent Authotiy for issue of cast certificate. The record of the school has absolutely no relevance. It can only be supporting evidence.
2. The certificate is issued based on the report of Patvari / Lekhpal/VRO (or by whatever named called in the state) who at times take authentication from Sarpanch / Lambardar.
3. The Competent Authority for cancellation of cast certificate is the Distt Cast Verification Committee headed by DM.
4. This committee is unable to re-open the case of issue of certificate if the file leading to is destroyed weeded out.
5. In govt there is policy and instruction to weed out old record.
6. The person continues to be Scheduled Cast unless the certificate is cancelled by competent authority and continues to be under shield of SC&ST (prevention of Atrocities)Act.
7. Filing vexatious complaint (hitting on his livelihood) against a scheduled cast, is non-bailable offence.
So if the certificate is not cancelled then complaint becomes false and frivolous and the person making the complaint can be jailed if the concerned SC employee makes a complaint to the police.