Yes, you get the Sc certificate from Bihar state government, you need to apply on central government portal and check whether your caste is appearing in or not. On your birth rights caste is given and not on marriage rights.
Sir, i belong to sc category of state of uttar pradesh and married in bihar of a men of bihar. Now i am residing in husband place(in Bihar). will i get sc cast certificate from bihar and will i get benefit of sc in Bihar state.
Yes, you get the Sc certificate from Bihar state government, you need to apply on central government portal and check whether your caste is appearing in or not. On your birth rights caste is given and not on marriage rights.
you will not get SC caste certificate of Bihar as you were born in UP
Uttarakhand High Court has dismissed plea in the matter of appointment as District Information Officer against the post of reserved category in the state.
The woman, born in Punjab, has been living in Uttarakhand with her husband after her marriage.
She was provisionally selected but her candidature was cancelled by the Public Service Commission, Uttaranchal on October 4, 2005 on the ground that she cannot take benefit of reservation in the State of Uttarakhand because she is a Scheduled Caste (Valmiki of Punjab).
The Supreme Court has decided to refer to a larger bench for its authoritative pronouncement on the issue whether a Scheduled Caste woman is entitled for reservation benefits after marriage in another state where she is living with her husband of same caste.
Sir there is different opinion by different law expert. Is there is any order publish by supreme court. In my case i am from sc catergory of uttarpradesh and my husband is in OBC catergory of Bihar. My local authority is not issuing cast certifcate from husband residence. Will sc certifcate from my father home town uttarpradesh is valid to get reservation in Bihar (my husband birth place.please clarify with any such order issued by govt of bihar or union of india
Local authority would not issue you certificate from your husband residence
you are not eligible for reservation in Bihar
The Supreme Court has decided to refer to a larger bench for its authoritative pronouncement on the issue whether a Scheduled Caste woman is entitled for reservation benefits after marriage in another state where she is living with her husband of same caste.
You can visit below site there you will get all details of gazette and how to apply for caste certificate etc
http://www.ncbc.nic.in/
The Answer is NO.
You adopt the heirs tree of your husband as soon as you marry him. You belong to SC in U P and husband is OBC in Bihar.
Domicile and standards of living policy for citizens of State differs and Government with governance of policies also differ.
You may get benefits from your home town under SC quota but not in Bihar because of Law enforcement policies concerning the domicile of citizens.
Hence no chance for SC category and class in the State of Bihar.
Hi
1) Marriage or change of State of domicile does not alter your SC Status.
2) Since you belong to SC category in state of Uttar pradesh, you will continue to belong in SC Category
a) Even after your marriage and
b) Also after change of residence from UP to Bihar
And you will continue to all benefits that are available for SC category persons.
3) In case , you wish to apply for SC certificate from State of Bihar, you should
a) Produce the SC certificate issued to you and your parents by authorities in Uttar pradesh
and
b) based on the above documents, Bihar authorities are duty bound to issue an SC certificate to you.
The following documents are relied upon by us in support of our answer.
a) http://socialjustice.nic.in/writereaddata/UploadFile/guide-certificate[deleted].pdf
b) letter No. BC-12025/2/76-SCT I, dated 22.03.1977 and letter No. BC-12025/11/79-SC & BCD I/ IV, dated 29.03.1982.
Hope this information is useful.
@Rajgopalan Sripathi Advocate, Hyderabad Sir, The mentioned notification is for migrated person from one state to other state. If a women get marry to other state man will she treated as migrated or bonafied resident of state by virtue of marriage. also sir the link http://socialjustice.nic.in/writereaddata/UploadFile/guide-certificate[deleted].pdf is not opening .kindly email me on [deleted]
As mentioned earlier the issue of scheduled caste certificate for women married in another state has been placed before larger bench by SC for decision
The legal position is that a person who is a member of a Scheduled Caste or a Scheduled Tribe would continue to be a member of that Scheduled Caste or Scheduled Tribe as the case may be, even after his or her marriage with a person who does not belong to a Scheduled Caste or a Scheduled Tribe. You are eligible for Sc community in UP then it is valid for all territories in India. So the certificate from UP is can use anywhere in India. Marriage or change of State of domicile does not alter your religion/cast Status. Benefit of reservation related to states policy .
- As per Supreme Court, a member of reserved community 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.
- Further, the Government of India have also issued instructions from time to time in this regard which indicated that a person belonging to reserved /SC /OBC on migration from the State of his origin in another State where his caste was not in the reserved list was entitled to the benefits or concessions admissible to the reserved category in his State of origin and Union Government, but not in the State to which he has migrated.
- Hence, you are not entitled to get SC certificate and its benefits in Bihar , except U.P.
After marriage domicile of wife converts to husband domicile but cast benefits arise from birth. Caste certificate will issue by UP only. You will remain SC candidate to obtain benefit of reservation.
And person belonging to a Scheduled Caste listed in a particular state would not be entitled to reservation benefits if she/he migrates to another state for employment or education.
Migration and settle in another state after marriage is same thing.
You remain an sc after marriage. But you have to take a domicile certificate in order to take advantages in Bihar.
As you are married in Bihar a domicile certificate has to be issued in Bihar then only you may proceed. You will be an sc although you married an obc.
Madam,
There are various sources of law and customs/traditions are one among them. it is custom that the girl after marriage belong to the community/caste/category of her husband and thus, you will be under OBC category and not in SC category.
Madam,
However, you may not be satisfied with the advices rendered by some of us, but you are humbly suggested to be polite and also if all the work could be done by the google itself, then there is no need of specialists and professionals. Here the advices are based not as the personal choice, rather based on factual correctness.