Those who possess a Caste Certificate can prove their membership in a particular caste. In order to claim the benefit of reservations in academic institutions and in employment, members of Scheduled Castes, Scheduled Tribes, and Other Backward Classes must present a Caste Certificate. Due to the fact that caste is determined by birth, a Caste Certificate cannot change the person’s caste. It merely certifies that he/she belongs to the caste specified on the certificate.
What is the process for issuing a caste certificate?
Revenue Authorities issue caste certificates. The Tehsildar or Sub-Divisional Magistrate normally issues Caste Certificates in Uttar Pradesh. The power to issue Caste Certificates is delegated to a particular officer or assigned to Special Officers in certain states.
Can the caste certificate be revoked by the issuing authority?
Several decisions have now established that the authority issuing the caste certificate cannot revoke it. In a landmark decision, the Supreme Court streamlined the process of canceling a caste certificate.
How long does it take to cancel a caste certificate?
Various state governments have constituted Caste Verification Committees and Caste Scrutiny Committees to verify and cancel caste certificates. The obc certificate apply online Scrutiny Committee shall verify the caste certificate of any person of any particular category in accordance with the procedure prescribed by the Rules/Government Orders if there is a complaint alleging that the certificate has been forged. As a result of hasty decisions taken by the Caste Scrutiny Committee without verifying all the documents, the Caste Certificate may be wrongly canceled.
How can a wrongly canceled caste certificate be rectified?
As a result of different government orders, three hierarchical committees/forums have been formed in Uttar Pradesh.
Caste scrutiny committees at the district level are the lowest level. Caste Certificates are verified by this Committee and wrongly issued Caste Certificates are canceled. A person can obtain caste certificates from a Scheduled Caste, Scheduled Tribe, or Other Backward Class with the intent of gaining an unfair advantage. District Level Caste Scrutiny Committees, headed by District Magistrates, cancel the Caste Certificates of such persons.
It is the Commissioner of the Division who heads the appellate forum/committee at the Intermediate level. After receiving the knowledge of the order passed by the District Level Caste Scrutiny Committee, anyone aggrieved with the decision can appeal before the First Appellate Forum.
An all-state caste scrutiny committee has been established at the top of the hierarchy. An appeal may be filed at the State Level Caste Scrutiny Committee by any person aggrieved with the first appellate forum’s decision. Principal Secretary, Social Welfare, heads the State Level Caste Scrutiny Committee.
Does the person whose Caste Certificate is clouded need to be notified?
It is essential to follow the principles of Natural Justice when taking administrative actions that have civil consequences. An opportunity for a hearing must be provided to the person whose Caste Certificate is being verified. A person claiming caste must be permitted to provide documentary and oral evidence in support of his claim. It is imperative that the Caste Scrutiny Committee considers and appreciates all documentation and oral evidence.
Who may seek redress from the State Level Caste Scrutiny Committee if they are aggrieved by its decision?
An aggrieved person can file a Writ Petition before the Hon’ble High Court under Article 226 of the Constitution of India if they are dissatisfied with the decision of the State Level Caste Scrutiny Committee. As a rule, Writ Petitions are filed before the Hon’ble High Court on the grounds that the decision made by the Caste Scrutiny Committee is perverse, violating Natural Justice Principles, violating the Rules, and considering irrelevant material and ignorance of relevant material, among other things.