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Deepak   12 March 2024

Suit for Caste certificate

Hi,
After applying for caste certificate in Karnataka on nadakacheri a caste certificate was rejected. We filed a first and second appeal on the sakala website, both were the appeals were rejected too. Now should we file a case in the court and if yes should it be in the civil court and high court?

Thanks
DS


Learning

 2 Replies

Kartikey Tiwari   12 March 2024

Here's what you can do after facing rejection on both appeals for your caste certificate application in Karnataka:

Consider these options before going to court:

Contact the Authority: Try reaching out to the Tahsildar (issuing authority) or the Assistant Commissioner (appellate authority) in person. Explain the situation and request clarification on the reasons for rejection. Sometimes, a misunderstanding or missing document can be rectified without going to court.

Seek Legal Advice: Consult a lawyer specializing in certificate disputes. They can review your case, advise on the validity of the rejections, and suggest the most appropriate course of action.

Going to Court:

Start with Civil Court: In most cases, filing a writ petition in the local civil court (jurisdiction where the certificate was applied for) is the first step. This is because civil courts handle matters related to enforcing fundamental rights, which includes obtaining essential certificates.

High Court (Optional): You can approach the High Court only if you're dissatisfied with the civil court's decision or if the civil court judgement raises a substantial question of law. This would require a lawyer specializing in appeals.

Additional Resources:

Karnataka Sakala Mission: https://egovernance.karnataka.gov.in/info-2/Sakala+Mission/en (This website provides information about citizen charters and grievance redressal)

Karnataka Legal Services Authority: https://kslsa.kar.nic.in/ (This website can help you find legal aid in Karnataka)

Remember:

Gather all documents related to your application, rejections, and appeals. Keep a timeline of events for reference. It's important to act within a reasonable timeframe after the final rejection. Legal advice can help you navigate the process effectively.

T. Kalaiselvan, Advocate (Advocate)     13 March 2024

You can file a suit for declaration to declare your caste and direct concerned authorities to furnish the desired certificate by filing a suit for declaration and mandatory injunction. 


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