• Asked to produce Sidhutva Certificate even though I got selected under general merit

I got selected in health sector in state govt health dept. I belong to Jain Digamber IIIB category by birth but married to Veerashaiva lingayat husband. While applying for the job in health dept i got Veerashaiva lingayat IIIB category caste certificate since i married to my lingayat husband. In job notification there were no seats for IIIB category, and i was eligible under general category and under general category there were two seats, 1 is for pure general and another one for general women candidate. I got selected under pure general category. During application process, i have mentioned my category and caste as Veerashaiva lingayat IIIB category and attached the respective caste certificate issued by tahshildar. Now the thing is health dept has asked for producing sindhutva certificate even though i have been sleceted under general category and i am really worried that i have attached caste certificate as veerashaiva lingayat i carried from my marriage but by birth i am jain digamber. I need to produce all documents from my school LC, fathers and brothers catste certificate (here the caste is jain digamber) and also i need to produce my and my hisbands caste certificate (it has veerashaiva lingayat caste) along with other documents. So i am really tensed that can this contradicting caste certificate during producing sindhutva will affect my job in any way?
Asked 3 years ago in Labour

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6 Answers

As per the law your caste is your parent's caste. You cannot take the caste of your husband although your children can.

Now as you have been selected in tge general category you should appear before the authorities and explain the situation and tell them that the caste you mentioned was your husband's. They'll either accept it or reject it. In either case our selection should not be affected.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You have not obtained any privilege out of caste for your selection. Instruction to produce Sidhutva certificate  is without any basis as your selection is under general category. You can reply to the order by way of detailed explanation that you have not claimed job as reserved category liked SC, and no such certificate is required for general category in open competition. If your explanation is rejected you can file writ in High Court of Karnataka against rejection of  explanation.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

it would not affect your job as you were selected under general category and you have not claimed benefit of reservation 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You cant take caste benefits based on your husband caste. It's not legal. You will only get benefits under the caste you were born

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You should be aware that just because you married a person of other community you can ot get the privileges and rights of the other community spouse.

Your community by birth will remain with you and it is not an automatic conversion.

If you had applied for the post under general category, then what was the necessity for you to furnish the community certificate of your spouse.

Since this is false information, your application for the post may come under scanner and perhaps the consequences for furnishing the false information may render you ineligible for the post you have applied for even though you opted for the reservation under general category.

Whatever worth it is since you have mentioned your community to which your spouse belongs, you can attach the said certificate you rely upon to prove your present community.

If you do not have any certificate to prove that you belong to the community that your spouse belongs then it can be deemed that you have given incorrect or false information with or without any intention, hence you may have to face the consequences for the commission of this offence. ..

Ignorance of law cannot be claimed as an excuse. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client,

                   A caste certificates can ONLY be issued by the state to which you belong. it is illegal to have same certificate for the same name or state and it can lead the person into some difficulties if any complaint is made against him.So , kindly make sure that you have renounced the caste certificate bearing your maiden name to avoid any trouble.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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