Legal Question in Constitutional Law in India

A person born in himachal in Kabir Panthi caste which is known as schedule caste in Himachal and he procure schedulecaste certificate in his name from competent authority of Dist hamirpur himachal in 1972 and he came to Chandigarh and procure another schedulecaste certificate from SDM chandigarh in 1983 in his name under Kabir panthi caste just to get alloted dwelling unit in chandigarh under reserve quata for schedulecaste of chandigarh only from chandigarh housing board and he got it by submited the schedulecaste certificate of chandigarh issued by SDM chandigarh.
Now the question is this- Can a person originally belongs to himachal and already holding the schedulecaste certificate in his name from Himachal can get another certificate from every state where ever he goes. Is this not a crime under the law of concealing of facts etc?
If yes then what action can be taken against him under the law ?

Asked on 9/10/09, 3:41 am

4 Answers from Attorneys

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Issuence of second certificate is not an offence but while submitting application for housing board there is an affidavit that is challangeable.

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Answered on 9/10/09, 6:08 am

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Pawan Jangid

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Centre and state have their own scheduled list. If a particular caste is scheduled at "X" state, it may be or may not be scheduled for "Y" state. Hence getting the SC certificate from different state does not amount to any crime or concealment of facts. Moreover, you have not clarified what is your locus standi against that person.

Answered on 9/10/09, 8:58 am

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