Present by Prashant Kanha Advocate & Sri Nikhil Kumar Advocate +91 9415217628

***ABSTRACT***

A Caste Certificate certifies that a person is of a particular caste. A Caste Certificate is required normally by the members of Scheduled Castes, Scheduled Tribes, and Other Backward Classes for claiming the benefit of reservation in admission in academic institutions and in employment. Caste is obtained by birth hence Caste Certificate cannot change the caste of the person it merely certifies that the person bearing the Caste Certificate is of the caste which is mentioned in his Caste Certificate.

How is a Caste Certificate issued?

The caste certificate is issued by the Revenue Authorities. In the State of Uttar Pradesh, normally Caste Certificate is issued by the Tehsildar or Sub-Divisional Magistrate. In certain States, Special Officers are appointed or power is delegated to a particular officer empowering him the issuance of Caste Certificate.

Whether the issuing authority can cancel the Caste Certificate?

Now it has been settled by a catena of decisions that caste certificate cannot be cancelled by the authority who has issued the Caste Certificate. The Hon’ble Supreme Court of India in a landmark Judgment streamlined the procedure for cancellation of Caste Certificate.

When is a caste certificate cancelled?

Now Caste Verification Committee and Caste Scrutiny Committee have been constituted by the different State Government for verification and cancellation of the Caste Certificate. If any complaint is made against the Caste Certificate of any person of any particular category with the allegation that he has obtained forged caste certificate, the same shall be verified by the Caste Scrutiny Committee in accordance with the procedure prescribed by the Rules/Government Orders. Sometimes hasty decision without verifying entire documents is taken by the Caste Scrutiny Committee resulting in the wrong cancellation of the Caste Certificate.

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All due care has been taken by the presenter to stay accurate however, interpretation of the law is based on specific facts and circumstances as such given information may not be fit for all as such always seek independent legal advice.

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