If there is not any mention about cast in the living certificate of the candidate ----------- .
Ans : There is a Government circular dated 22-7-1996 that it not possible to get mention of cast in the LC of Muslim Candidates. Hence, it is directed that in such a case the remedy of residential inquiry and other issues would be taken into consideration.
Is there necessary to provide cast proof before 1950?
Ans : No, however, the issuance authority arbitrarily and tendency of abuse of power deprive Muslim Candidates due to this illegal reason. For example here is list attached of 52 Muslim Candidates whose Cast Claim has been rejected mainly on this reason. Infect there are two Government Decisions. Which clarify that for O.B.C Candidates not Cast Proof but only & only residential proof before 13.10.1967 or from the date on which the Cast has been enlisted in the State O.B.C List. Suppose Tamboli Cast has been enlisted in the year 1995, so the proof of residential (not proof of cast) should be submitted before 1995. There is strict warning not to insist for extra documents and all of the Cast Certificate Issuance Authority should abide by Government orders and instructions exactly.
In the above Govt. Circular, it is specifically mentioned that the Cast Claim of Muslim Candidate should be considered with the Government letter dated 19.10.1995.
- The procedure for issuing Cast Certificate to Muslim Candidates.
Ans : The Government order dated 19.10.1995 states that while issuing cast certificate to the Muslim candidates their residential enquiry / certificate of Talathi or Surpanch and affidavit made by the candidate before the Tahsildar is to be considered as proof of cast claim.
Here some of the officers misrepresent the word in this Government letter Khatri Patlyas. They say that it is their discriminatory power to accept the residential enquiry, Certificate of Sarpanch or Talathi and Affidavit. When ever they misguide in such type of manner ask them to give their say in writing. Khatri Patlyas, means if they doubt genuineness of the Certificates or Affidavit that they may be bogus.
- If the certificate issued by the registered society of the cast of the candidate and they issue a certificate in regard with the cast of the candidates, can it be considered for issuance of cast certificates?
Ans : Yes there is a Government letter dated 04.10.2001 which states that the certificate issued by all India Muslim OBC Organization or registered society of the candidate can be considered.
- If a candidate born in Jalgaon & now residing at Mumbai, should he apply for cast claim at Jalgaon Office?
Ans : Before the amendment the candidate born in Jalgaon and resides in Mumbai has to obtain OBC Certificate from Jalgaon. But, Govt. Circular. , Speaks that the candidates should apply for cast claim where they reside now.
These amendment circulars proves that the condition of before 1967 or 1950 are for Residential Proof and not for Cast Proof. So, it is absolutely wrong on the part of SDO to insist for Cast Proof instead of Residential Proof.
It is regret that 90% of Muslim OBC Candidates are deprived from cast certificates or validity certificates because they are unable to produce Cast Proof before 1967.
Some officers insist that there must be mention of religion before the cast, is it correct?
Ans : There is Govt. Decision dt. 29-1-1983 that there is no need of mention of religion before the cast.
- Can a claim of cast be Negatived only on basis of School Living Certificate?
No A School Living Certificate is not a last word and that it prevailed over the other Evidence. Other materials such as documents pertaining to near relatives, Affidavits etc should be considered.
In this petition there is absence of cast in cast column in the School Living Certificate. Hence, the Bombay High Court in the matter of Narayan Devji Koli v/s The State of Maharashtra and others (Writ Petition No. 2141 of 1987 decided on 23-11-1989). Citation 1990 (1) Bom. C.R. 557.
- The directions of the Apex Court (Supreme Court) in regard with Validity and Cast Scrutiny should be strictly followed. The detail is mentioned on Pg. No. 918 Para No. 6 of this ruling. Ruling passed in the High Court of Judicature of Bombay, Bench Aurangabad� Yashwant S/o Motiram Suryawanshi v/s State of Maharashtra Writ Petition No. 2520 of 2005 decided on 9/10-6-2005.
It is here by Directed to Scrutiny Committee that the Cast Claims of the Candidates to whom the Provisional Admission have been given by the Competent Authority shall be disposed of within period of 12 weeks. The Competent Authority will inform the names of the students to whom the Provisional Admissions have been given, to the cast Scrutiny Committee Immediately after the admissions are given, so that there would no be delay in disposal of at least those cases. Decided in the High Court of Judicature at Bombay Bench at Aurangabad Writ Petition No. 2502 of 2001.
- The Direction from the Govt. to the District Collector and the S.D.O and C.S.C. so that the students could not face any problems in Obtaining Cast Certificate. Govt. letter dt. 25-6-2002. It is specifically mentioned in the circular that not to insist for Excess Document there after it is also ordered that if there is any query in the application form of Cast Claim not to return the form by giving oral instructions but except the form and Scrutiny and make Scrutiny at Higher Level and if there is any query inform the applicant in writing.
- Govt. felt that Muslim Candidates are facing so many problems for obtaining Cast Certificate. Hence, it reminded with a circular dt. 12-8-2004 that the Cast Certificate issued to be Muslim Candidates as per Govt. Circular 19-10-1995. It is specifically ordered that this Govt. Circular must be affixed to the notice board permanently. So it�s our duty in each an every district Collector Office, S.D.O and C.S.C Office. This circular is there on the notice board permanently or not. If it is not there give in writing attaching this circular to be concerned officer that the instruction has not be followed so within 24 Hours follow the Govt. Instruction.
Secondly seek information from the Concerning Office by other person that where the instruction as per the circular is attached and what is the contention of the circular give Certified Copy of the Circular and location where it has been attached in the notice board. (Attached the copy of the Circular).
In each every District the Collectors should implements and advertise Govt. Circulars and affix certain instructions in regard with cast claim. But They do not. Hence, submit them an application under Right to Information. Ready application only name addresses and signature required.
Important instructions in regard with Cast Proof.
- Central List of other backward classes (Maharashtra).