• Can one give up reservation benefits due to scheduled caste

Myself belongs to Koli caste which has been notified a scheduled caste by state government of Himachal Pradesh. Koli caste has been classified as General, SC, ST and OBC allover the India and SC in Himachal Pradesh. Recently myself get information through social media that Koli is a Kashtriya caste and has been included in Rashtriya Kashtriya Jan Sansad, New Delhi (a esteemed union/organization of all kashtriya castes in India). Knowing the fact that koli is a kashtriya caste myself wants to giveup caste based reservation benefits and wants to add "Thakur" as surname with my name as being used by our Koli leaders and kashtriya (rajputs). In addition to this, no suffixing of word SC may be appeared in any office orders, as suffixing of word SC with my name in office records is a symbol of unequality and leads to caste based discrimination. Reservation policy is meant for the upliftment of SC/St/Obc to bring them equal to general people. Now myself consider equal with other people in all respect and wants to remove SC word as appears my name in office ordes and service book as it is against the fundamental law of equality as provided in the constitution.
Asked 3 years ago in Civil Law

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15 Answers

You may not take reservation by declaring that you don't want reservation. You shouldn't attach any certificate of caste and tick the general category. That would be sufficient.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The offspring would be considered sc. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Caste of offspring in case of father being SC and mother General, is SC.

Shashidhar S. Sastry
Advocate, Bangalore
5109 Answers
314 Consultations

5.0 on 5.0

It is true that Kolis are Kshatriyas. Maharaja Yashwantrao Martandrao Mukne was king of Jawahare, Som Shah Maharaja was of founder Chauth, Som Mer Thakur was King of Dhaundad. You can very much relinquish you reservation and joint Kshatriya Jan Sansad. Gave your representation to head of the department relinquishing you reservation. Your koli caste suffix will be removed from you name.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Caste of father will be caste of his sons and daughters.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

You need not claim benefits of reservation for your studies and employment 

 

you are at liberty to change your name by notification in official gazette and 2 local newspapers 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Children of inter-caste couple can get the community certificate mentioning the caste of either of their parents, the Government has said.

“The children born out of marriage between parents of two different castes shall be considered to belong to either the caste of the father or the caste of the mother based on the declaration of the parent/s,” said a Government Order of February 9 issued by the Backward Classes, Most Backward Classes and Minorities Welfare Department.

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

You can do it online 

 

you don’t need lawyer for name change 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

If you have been employed on the reserved quota meant for SC candidates, you cannot change your community status for the reasons you have stated 

If you have not availed the privilege extended to the SC /reserved candidate and you want to amend the service records from SC community to other community, you may have to produce the community certificate from the Revenue department to prove your community 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

The child can choose the caste of either of the parent, there is no compulsion on the child about it.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

You can contact any advocate of this forum through their personal contact number available in this forum and enquire about the cost and other details for this purpose.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Yes contact a lawyer through the website.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

What you heard is here say , Koli listed as a Scheduled Caste in the Constitution of India, so please don't be confused, the same position is in HP, some states have not included it in list, so the position is of the persons some are using it as SC for the benefits available, some wants to come out of umbrella, but legal position is as has been mentioned as above.

2. The caste shall be of father.

3. Yes, approach if you want, fee shall be charged very nominal.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear Sir, 

A offspring of an intercaste marriage can take the caste of either parent. Caste is relevant if you wish to avail sc reservation you will have to apply for the same, by applying for a certificate. Sir, If you don't wish to take benefit of reservation you can simply not get a caste certificate made and apply for jobs under general category. If you have availed reservation in applying for a job the same will be in the record and cannot be changed later. If you require help and guidance with procedure to get your name changed legally, you can book a consultation with me.

Thank you

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Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

- As per the Supreme Court , the general category vacancies in public employment is open to all including aspirants belonging to reserved categories like other backward classes (OBCs) and Scheduled Castes (SCs) and Scheduled Tribes (STs).

- Hence, being a reserved category candidate , you have right to leave the reservation and apply under a general category . 

- Further , as you are not availing that facility , and wanted to remove the tag of caste title , then you can do same after publishing a public notice after mentioning that you have changed your name from .this  to this , and further you will be known by the said new changed name for all purposes. 

- Further, if you want to correct the name in documents as well, then you should publish the said notice in the official gazette of India. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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