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Procedure for cancellation of wrong obc cast certificate

Guest (Querist) 16 April 2013 This query is : Resolved 
Hello sir,

I have got wrong obc certificate knowingly/unknowingly(as now it is of no use to say this) from the respective authorities.as my caste title/surname is same/similar to the title of one of the obc cast in my state. but i comes under general category.i have applied for a central govt job and got benefit of that cast certificate as i got age rebate and got selected for the same.I have not joined yet and don't want to join this job on the basis of this cast certificate.all the verification of my records and certificates has been done by the concerned departments.if i dont join this job and wont use this certificate in future,is their any guarantee of having no trouble due to the record of obc cast certificate in the issuing authority's record. should i give in written to the concerned government department for withdrawing off my name from the selected candidates list without any reason .would their be any criminal proceedings against me.please tell me the safest way through which i can get this cast certificate cancelled without any problem to me .i want to get rid of this wrong cast certificate.please help me
Sudhir Kumar, Advocate (Expert) 16 April 2013
what do you mean by saying "knowingly/unknowingly(as now it is of no use to say this)"

You must have applied for caste certificate and got connived with Patwari to issue favorable verification report. Then only you go the certificate.

How can you say that the certificate is of no use. You have used it for getting examination fee concession and probably age relaxation and perhaps got job in OBC quota. You have got the maximum admissible benefit.

You are free no to use this certificate.

As far as cancellation of certificate is concerned this amounts to you changing cast from OBC to General. Change of cast is never allowed.

The moment you inform SDM about having got wrongful certificate they will have FIR against you.
Guest (Querist) 16 April 2013
thanx sir, but is there any option left with me of not getting into trouble in future. here by unknowingly i mean that i know that i did a wrong thing but i wasn't aware that it comes under a very big offence. at that time i thought that changing of cast doesn't matter a lot.but now i am repenting on my doing and now i understood that i did a very big mistake. so please help me out with a solution .
Guest (Querist) 16 April 2013
i wont join that job and i wont use this certificate in future.i heard that obc non creamy layer certificate lapses after a particular period of time, and a person comes under this category has to renewed it after a particular period of time.so does it mean that it would be lapsed by itself .please suggest me.
someone who can suggest me about the solution can also suggest through mail.mine is navinsingh1311@gmail.com. please sombody helps me out.
Raj Kumar Makkad (Expert) 16 April 2013
After going through your problem in detail, I am of the view that the offence already stands committed and it shall not affect whether whether you have joined or not. The mute question is that you used false certificate knowingly and got its benefit when the age was relaxed. The concerned authorities are free to initiate criminal action against you.

You should definitely withdraw your name from the list of selected candidates by moving an application without mentioning the certificate in question. The authorities may take a lenient view against you in that event.

If you dont use that certificate and get it cancelled from the issuing authority then you shall not face problem in future elsewhere.
Guest (Querist) 16 April 2013
Thanx a lot Makkad sir,

sir to get it cancelled from the issuing authority,what i have to mention in my application .as if i mention the whole incidence, they will definitely suit a case against me.i mean what should be the subject matter of my request to get it cancelled by the issuing authority so that i would not face any legal action.and while doing this if the issuing authority will check about the record of verification request about cast certificate .actually the cast certificate verification has been done.
the other point while withdrawing my name from the selected candidates list if i told them that i got a job somewhere else and i don't want to join this job.will there be any kind of inquiry on their part.i am troubled with these kind of questions in my mind.please sir suggest me further .
Adv k . mahesh (Expert) 16 April 2013
very well explained by Mr. Makkad
Guest (Querist) 16 April 2013
Mahesh sir can you suggest something on this matter as this kind of things also comes under your area f practice pleas suggest something
Adv k . mahesh (Expert) 16 April 2013
mr navin the act which you had did was a fraud and you may be punished for this act if it is know to the authorities even when you join and some day if the authorities finds the truth then they may file fraud case and your life would be vanished from government jobs
take some elder person who is your close friend and draft a letter say that you got any other job say that you are going abroad and want to withdraw the offer, once if you withdraw the offer the authorities will not question but another person who is eligible in right way will be benefited

meanwhile try to cancel how you got that certificate in the same way try to cancel the certificate and take a genuine general certificate
Raj Kumar Makkad (Expert) 16 April 2013
It shall be better to obtain the personal services of some expert/lawyer for this purpose.
Sudhir Kumar, Advocate (Expert) 16 April 2013
I partially disagree with Mr Makkar.

The querist has created a fraudulent certificate in connivance with Parwari. His lapse will go unnoticed if he does not use the certificate any further. Once he reports back to SDM for cancellation of the same then way is paved into jail. They are most likely to initiate FIR against him and terrifying officials.


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