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A Caste Certificate certifies that a person is of a particular caste. A Caste Certificate is required normally by the members of Scheduled Castes, Scheduled Tribes, and Other Backward Classes for claiming the benefit of reservation in admission in academic institutions and in employment. Caste is obtained by birth hence Caste Certificate cannot change the caste of the person it merely certifies that the person bearing the Caste Certificate is of the caste which is mentioned in his Caste Certificate.

How is a Caste Certificate issued?

The caste certificate is issued by the Revenue Authorities. In the State of Uttar Pradesh, normally Caste Certificate is issued by the Tehsildar or Sub-Divisional Magistrate. In certain States, Special Officers are appointed or power is delegated to a particular officer empowering him the issuance of Caste Certificate.

Whether the issuing authority can cancel the Caste Certificate?

Now it has been settled by a catena of decisions that caste certificate cannot be cancelled by the authority who has issued the Caste Certificate. The Hon’ble Supreme Court of India in a landmark Judgment streamlined the procedure for cancellation of Caste Certificate.

When is a caste certificate cancelled?

         Now Caste Verification Committee and Caste Scrutiny Committee have been constituted by the different State Government for verification and cancellation of Caste Certificate. If any complaint is made against the Caste Certificate of any person of any particular category with the allegation that he has obtained forged caste certificate, the same shall be verified by the Caste Scrutiny Committee in accordance with the procedure prescribed by the Rules/Government Orders. Sometimes hasty decision without verifying entire documents is taken by the Caste Scrutiny Committee resulting in the wrong cancellation of the Caste Certificate.

What is remedy if Caste Certificate is wrongly cancelled?

In the State of Uttar Pradesh, three hierarchical Committees/Forums have been created by the different Government Orders.

At the lowest level is the District Level Caste Scrutiny Committee. This Committee is responsible for verification of the Caste Certificate and cancellation of the wrongly issued Caste Certificate. Sometimes, certain persons who are not a member of Scheduled Castes, Scheduled Tribes or Other Backward Classes obtain Caste Certificate of these categories with the intention to obtain wrongful gain. The Caste Certificate of such kind of persons is cancelled by the District Level Caste Scrutiny Committee, headed by the District Magistrate.

At the Intermediate level, there is an appellate forum/Committee which is headed by the Commissioner of the Division. Any person aggrieved with the decision of the District Level Caste Scrutiny Committee may file an appeal before the First Appellate Forum within a period of 30 days from the date of knowledge of order passed by the District Level Caste Scrutiny Committee.

At the top of hierarchy, the State Level Caste Scrutiny Committee has been constituted. Any person aggrieved with the decision of the first Appellate forum may further file appeal at the State Level Caste Scrutiny Committee. The State Level Caste Scrutiny Committee is headed by the Principal Secretary, Social Welfare.

Whether notice is necessary to the person whose Caste Certificate is under cloud?

Any Administrative action having civil consequences must be taken in accordance with the principle of Natural Justice. The person whose Caste Certificate is under verification must be provided an opportunity of hearing in support of his caste claim. The person must be afforded an opportunity to submit documentary and oral evidence in support of his caste claim. The entire documentary and oral evidence must be properly considered/appreciated by the Caste Scrutiny Committee.

What is the remedy available to a person who is aggrieved by the decision of the State Level Caste Scrutiny Committee?

Any person who is aggrieved by the decision of the State Level Caste Scrutiny Committee can file a Writ Petition before Hon’ble High Court under Article 226 of the Constitution of India. The Writ Petition is normally filed before Hon’ble High Court on the ground that the decision taken by the Caste Scrutiny Committee is perverse, in violation of Principle of Natural Justice, in violation of the procedure prescribed under the Rules, in consideration of irrelevant material and ignorance of relevant material, etc.