• Reservation

I am originally a resident of Maharashtra and belong to the SC community. I am now residing in Chhattisgarh State. My daughter was born and brought up in Chhattisgarh. I have a caste certificate of my daughter for SC category from the state of Maharashtra as proof of residence before 1950 is from Maharashtra.
Now my daughter has applied for NEET in SC Category. I know that she will not be considered for SC Category in the state of Chhattisgarh.

I want to know the following:
SInce the application of NET for state as well as central quota is same, will my daughter be considered automatically in Open category in Chhattisgarh or will I have to do something

What will be this something
Asked 6 years ago in Constitutional Law

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12 Answers

Yes if your Maharashtra caste is not considered in sc category it will not be treated as SC. They may dismiss your application. You need to check before applying the same. Just be cautious about rejection of the said application and tell them it was inadvertently applied

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

NEET is central level exam. for central recruitment, she will consider under SC category. But not in state level exam.

To prove her category, she need to submit caste certificate which is of Maharashtra, not maintainable in Chhattisgar. She will consider in general category. 

But if your caste is notified SC in Chhattisgar also than can claim. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

She has to apply in open category otherwise would be considered in reserved category as your daughter has filled in form in reserved category 

Ajay Sethi
Advocate, Mumbai
99794 Answers
8147 Consultations

- As per Supreme Court, SC/ST members from one State cannot claim the benefit of reservation in government jobs or admission in another State, if his or her caste is not notified there.

- Hence, if your caste has been notified in the Chhattisgarh , then can availed the facility there as well.

- Otherside , NEET is a central level exam. hence she can opt for central SC certificate, otherwise, she will consider under SC category in the Chhatisgarh.

- If, you are a resident of Maharashtra state and belonging to SC community , then being father , you should apply to get your SC Certificate from the Maharashtra , even online facility there.

- Further, on the ground of your certificate , your daughter will get SC central Certificate from the Chhattisgarh , within a short period of time. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

It may get rejected

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

It would be rejected for open quota as she has filled in form under reserved quota 

Ajay Sethi
Advocate, Mumbai
99794 Answers
8147 Consultations

Why will reject if she is not taking benefit of reservation. She will be consider in open category.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

person belonging to SCs or STs in one state cannot be deemed to be a SC or ST in other states.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Open category seats can be claimed by anyone including members of the SC/ST on the basis of merit. But the applicant can't avail relaxation ( age, marks etc ) and be accommodated in the general category.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Your Daughter will not be considered under state list of OBC in Chhattisgarh if you use SC category certificate from Maharashtra.

2. You should apply for another certificate on basis of resident and studies of your daughter from chattisgarh.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If she  has not opted for reserved quota then she can be considered for quota under the general category.

You dont have to do something or anything except to fill up the application properly by not opting the reservation meant for your community and opt for general category.

 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

Choosing the category in which the candidates desires to be selected shall be the candidate's own right, hence she can opt for open category instead of reserved category.

 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

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