• Issuance of caste certificate to migrants

One of the southern states has not yet issued guidelines on issuance of caste certificate to migrants as advised by Government of India in letter No. 12011/11/94-BCC(C) dated 08-04-94. It is learnt that there is a move to prescribe a cut-off date and link it to Presidential Order, 1950 which is related to SC/STs. Please advise/clarify whether it is in order and justifiable before law to do so.
Asked 1 year ago in Civil Law from Trivandrum, Kerala

If no guidelines have been issued by state govt on issue of caste certificate for migrants file writ petition in HC to direct state govt to frame guidelines as per govt of India circular of 1994 

 

2) if there is move to circumvent said circular it can be challenged in HC 

Ajay Sethi
Advocate, Mumbai
74621 Answers
4462 Consultations

5.0 on 5.0

Hi

The letter No. 12011/11/94-BCC(C) dated 08-04-94, is only valid for the persons belonging to OBC caste. Yes, the issuance of OBC certificate to migrants necessarily be linked to Presidential Order, 1950.

Thanks

Ritu Gaur
Advocate, Delhi
35 Answers

5.0 on 5.0

the Government of India have  issued instructions from time to time in this regard which indicated that a person belonging to OBC on migration from the State of his origin in another State where his caste was not in the OBC list was entitled to the benefits or concessions admissible to the OBCs in his State of origin and Union Government, but not in the State to which he has migrated

 

 

Ajay Sethi
Advocate, Mumbai
74621 Answers
4462 Consultations

5.0 on 5.0

File a writ petition in high court for the direction for state to frame guidelines for the issuance of obc certificate for migrants.

The central government has issued instruction to the states to frame guidelines and some of the states has also framed rules in this regard. 

Shubham Jhajharia
Advocate, Ahmedabad
24355 Answers
96 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you want the guidelines to be framed by the government.
  2. For that you may move to the Hon’ble High Court under Article 226 of our Constitution in the Writ of Mandamus for seeking directions to the government for framing the same as soon as possible.
  3. It is the only remedy for implimentation of such rules otherwise it is very unfeasible to force the government/ department to do any such act.
  4. Once you do that, you will get relief in a very short span of time.

Sanjay Baniwal
Advocate, South Delhi
5209 Answers
12 Consultations

5.0 on 5.0

Which is that state that has not complied with the orders passed by the Government of India and also how you are affected by such non-comliance?

You can discuss your problem and seeking solutions for your problem, you should not be bothered about what the state government does or do not want to do.

If you are aggrieved by this ignorance of the state government, then you have remedies through high court by filing a writ petition or a PIL.

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

In an examination conducted by state PSC’s, the complication arises when SCs, STs, or OBC from one state applies for the posts in another state in the same category. There can be situations where STs of state A do not come under the list of reserved category of ST for state B.

Merely because a given caste is specified in State A as a Scheduled Caste does not necessarily mean that if there is another caste bearing the same nomenclature in another State the person belonging to the former would be entitled to the rights, privileges, and benefits admissible to a member of the Scheduled Caste of the latter State.

  • Right to migration or right to move from one part to another is a right given to all. To Scheduled Castes or Tribes and to non-Scheduled Castes or Tribes as well.
  • But when a Scheduled Caste or Tribe migrates, he does not and cannot carry any special rights or privileges attributed to him or granted to him in the original State specified for that State or area or part thereof.
  • If that right is not given in the migrated State, it does not interfere with his constitutional right of equality or of migration or of carrying on his trade, business or profession. Neither Article 14, 16, 19 nor Article 21 is denuded by migration, but he must enjoy those rights by the law if they are otherwise followed in the place where he migrates.

 

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

File a writ petition before hc

Prashant Nayak
Advocate, Mumbai
18703 Answers
34 Consultations

4.6 on 5.0

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