• Sc reseravation

A obc women married a man from his same caste and 2 children were born out of their wedlock.Now she got divorced and she again married a sc man.and claims reservation for her both children.is this legal.Now her entire family will claim reservation hereafter and the deserving candidates won't.Is such reservation permitted under law??Pls explain??
Asked 7 years ago in Constitutional Law

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8 Answers

1. The children born out of first marriage would not be treated as sc.

2. Only children born out of second marriage would be treated as such.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) the creamy layer status of children is determined by status of his parents and not on basis of his own status or income

2) in the present case even after divorce children would be entitled to be fit of reservation as both parents fall under OBC

3) her children from first marriage would not be entitled to claim sc reservation

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

You can lodge complaint with the issuing authority about the fraud committed. On discovery of fraud criminal prosecution may commence against them.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Complain to tehsildar who issued scheduled caste certificate

2) on basi of your complaint inquiry would be conducted as to whether children would be entitled to SC status

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

The dissolution of marriage does not disqualify the children from availing the benefit of reservation as the legal relationship between children and biological parents continues unabated even after the dissolution of marriage. Since both parents in this case are OBC the children can surely claim the benefit of reservation notwithstanding the fact that the marriage of their parents has been dissolved.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

File a complaint to the issuing authority i.e tehsildar if the certificate has been obtained in a fraudulent manner.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

This woman is not eligible for seeking reservation for herself or for the children born to a different category person.

Her marriage with a person belonging to SC community will not make her eligible or entitled to the reservation to which her spouse is entitled, also the children born to her previous husband are step children to the new spouse hence they cannot be considered as his adoptive children too therefore they are not entitled for any reservation to which their step father is entitled.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

They have acquired SC certificates by fradulent means.Can anyone Pls suggest me the authority to whom i can report regarding this??

If you have proofs to prove that this had been fraudulently obtained, then you can make a complaint before the district collector or the commissioner for the welfare of SC and ST commission.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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