Regrading obc cetificate
sam
(Querist) 04 March 2014
This query is : Resolved
My birthplace is haryana. I have got an OBC certificate with non-creamy layer year 2008 from haryana. Now, i got married recently in delhi. now, i need fresh non-creamy layer certificate. therefore, i approached authorities in haryana for that. but they have refused saying that get it from delhi since u are married. and autjoritites in delhi are saying that since u already have an OBC certificate issued. we cannot issue another one. therefore, i should get ncl certificate from haryana, my place of origin. i am really frustrated. Experts, please gude me what should i do? i have found a few high court judgements that which have ordered the authorities of the state of origin to issue OBC certificate.
ajay sethi
(Expert) 04 March 2014
contact local lawyer . file writ in HC . Mr makaad from LCI is from haryana . contact him
Rajendra K Goyal
(Expert) 04 March 2014
Para No. 08 of creamy clarifications dated 14.10.2004 issued by Ministry of Personnel Govt of India New Delhi clearly speaks that: -
“Creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse.
Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into
account.”
2) Issuing of Other Backward Class Certificates to migrants from other States/UTs.
Sources:www.obcguru.com/uploads/Migration_from_o...C_cert._8.4.1994.pdf
Govt. of India, Ministry of Welfare
Letter No.12011/11/94-BCC(C) New Delhi dated 8 April 1994
_____________________________________________________________________
To,
The Chief Secretaries
All State Governments and
UT Administrations.
Subject: Issuing of Other Backward Class Certificates to migrants from other States/UTs
Sir,
In continuation of the DOPT's letter of 36012/22/93-Estt. (SCT) dated 15 November, 1993, I am directed to say that it has been represented to this Department that persons belonging to OBCs who have migrated from one State to another for the purpose of employment, education, etc. experience great difficulty in
obtaining caste certificates from the State from which they have migrated. In order to remove this difficulty, it has been decided that the prescribed authority of a State/U.T. Administration in terms of the DOPT letter No.36012/22/93-Estt.(SCT) dated 15th November, 1993 may issue the OBC Certificate to a person who has
migrated from another State on the production of a genuine certificate issued to his father by the prescribed authority of the State of his father's origin except where the prescribed authority feels that a detailed enquiry is necessary through the State of origin before the issue of the Certificate.
2. The Certificate will be issued irrespective of whether the OBC candidate in question is included in the list of OBC pertaining to the State/U.T. to which the person has migrated. The facility does not alter the OBC status of the person in
relation to the one or the other State/U.T. The OBC person on migration from the State/U.T. of his origin to another State/U.T. where his caste is not in the OBC list is entitled to the concessions/benefits admissible to the OBCs from the State of his
origin and Union Government but not from the State where he has migrated.
3. It is requested that all competent authorities may be advised to issue the OBC Certificate after satisfying themselves of the correctness of the Certificate. The Lists of the Competent Authorities empowered as per DOPT's circular of 15 November 1993 may be followed strictly. No other authorities may be allowed to issue the OBC Certificates.
Yours faithfully,
Sd/…
(M.S. Pandit)
Joint Secretary to the Govt. of India.
(Taken from net)
