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  • Category: Lawyers

    Regarding caste change for getting caste certificate

    Wondering how to change the caste? Want to get legal advice to carry out this change? On this page, our ISC experts shall provide you with the required legal advice.

    My father belongs to an OBC caste and my mother belongs to a general category caste.
    I am brought up as general category person (as my mom belongs to the same) with no usage of reservation . Now is it possible to change to OBC / is it possible to get an OBC certificate? Now I am about 30 yrs of age. Can you provide legal advice?
  • Answers

    6 Answers found.

  • Generally, caste change from a general to an OBC/reservation will pose some difficulties (because you have been brought up by the privileged manner and now want to claim benefits that are given to the underprivileged class) but it could be done. Please consult an experienced lawyer.

    What would be in your favour is:

    1. As per Indian customs, the son or daughter inherits the father's caste, in case of inter-caste marriage.

    2. Having your father's original valid certificate stating that he belongs to OBC and proof of your parent's marriage would be very useful.

    Once the child is a major, then the child also has a right to choose the caste of their father or mother provided that it is within the legal framework. There are judgments in cases where the child is granted reservation if the child is brought up by his/her mother from an underprivileged caste/OBC/SC/ST.

  • As per the present legal status in India, the children will automatically get the caste of the father. So you will actually be an OBC. But you have opted for your Mother's caste. This has happened without your knowledge. So you can definitely contest and get the correct caste certificate.
    Immediately you approach the MRO of your area with the caste certificate of you, your father and the mother. You tell him that by mistake you had been given a wrong caste certificate which is not as per the law. Then he may accept your request. Then you can give it in writing to him by attaching the copies of caste certificate. Then he will conduct an enquiry through MDO and VA. Then he will give you the correct caste certificate. In your application, you can mention that by overlook you have missed this point and you have lost many chances you get as OBC.
    I know two cases like this in which MRO has issued new caste certificate as per the existing law.
    If the MRO is not giving the required certificate, you have to contest the decision of your parents in the court. Then the court will conduct an enquiry and they will arrange for changing the certificate. For this, you have to contact a lawyer who is very well versed in these issues and he will guide you properly to get a positive result.

    always confident

  • In your case your caste as per the present legal position is OBC because your father belongs to it. Unfortunately knowingly or unknowingly you had not taken the cognisance of this fact and after such a long time you want to get it recognised as well as officially want a certificate to that extent.

    Now, generally the caste related documents are issued and dealt in the office of Deputy Commissioner or Tehsildar of the area as the case may be or any designated office in a locality and you have to consult a lawyer and accordingly give an application for issuing of OBC certificate in your favour. You will have to explain why so far you have not got it made in your favour and you will also have to provide the credentials of your parents as well as your own credentials like Aadhaar card, proof of residence etc so that the authorities can check and verify them before issuing of a OBC certificate.

    Please remember if a person does not want to take benefit of a particular category it is very easy as he will simply ignore it but if the preference is required then documents are always required to substantiate your claim. In your case the crucial OBC document is not available so until unless you acquire it through legal ways you can not take any benefit out of it.

    Knowledge is power.

  • In your case, you can change your caste provided the concerned official in your district (DM or SDJM) allows it. You can apply to the concerned officer in your district in the prescribed proforma.

    If your application is accepted, you will get a caste certificate indicating your caste (your father's caste) and stating that the said caste comes under OBC category. On the basis of this certificate, you can avail age relaxation for Government jobs and other benefits applicable to OBCs in your state.

    "If you are killed in action, you go to Heaven. If you win, you rule this Earth (as beautiful as Heaven). That is why, O son of Kunti, take a firm resolve and fight!"-- Shrimad Bhagwad Gita

  • You have to approach to the concerned authorities in your area like DM or SDM or Tehsildar office and have to apply for this caste certificate for which you are naturally eligible as your father belongs to OBC.

    Surprising thing is that so far neither you have claimed it not taken any benefit out of it.

    Anyway, it is still not late and you can get this certificate from the concerned office after the usual procedure.

    You have to keep your identification and other certificates ready as the authorities will verify your claim and only after that you will get the desired OBC certificate from them.

    Keep the following documents whatever available handy with you -
    1. Aadhaar card and PAN card.
    2. Birth certificate/ DOB.
    3. Address proof.
    4. Identification of parents which means their Aadhaar card /PAN card etc.
    5. In absence of some of the above Voter cards/ Driving license etc will also suffice.

    Thoughts exchanged is knowledge gained.

  • Yes, you can get the caste privilege of OBC since your father was basically from the same caste but since it has been too late to stake such a claim. You would have to contact the concerned authorities like DM or SDM or even Tahsildar with an application indicating your willingness to change the present status from being a general quota to OBC.
    In order to get the same granted, you are required to produce the photocopies of the following documents-
    1) Aadhar card of your self indicating your father's name.

    2) Voter's ID card,
    3) Documents indicating your proof of residence
    4) Aadhar card and PAN card of your parents
    5) Any proof of marriage of our parents such as old marriage - invitation card or a marriage - certificate issued by the court.

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