A Darjeeling government office refused to give me a caste certificate because my parents are inter-caste. Is this discrimination?
AJ Asked by Ajay Malhotra from India
Quick Answer
Article 15 of the Constitution prohibits discrimination on grounds of caste; Article 16 allows reservation for backward classes.
Detailed Legal Analysis
Article 15 of the Constitution prohibits discrimination on grounds of caste; Article 16 allows reservation for backward classes. The Supreme Court has held that caste is determined by the caste of the father in patrilineal communities, but inter-caste marriage cases are decided on specific facts.
File a representation with the Tahsildar or competent authority in Darjeeling. If denied, approach Calcutta High Court under Article 226 for a writ of mandamus directing issuance of the certificate.
The denial cannot be based on arbitrary criteria; it violates the right to equality under Article 14. Preserve the refusal and supporting documents as evidence.
Refer to West Bengal Premises Tenancy Act 1997 for state caste certificate issuance rules in West Bengal.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.