Can i make my up obc certificate if i already have a migrant obc certificate from delhi

It is illegal to obtain OBC certificate from two different states.

You cannot avail the privilege from two states simultaneously

but I don't have Delhi State OBC Certificate. I have Delhi Migrant OBC which in it's format states that I am from Uttar Pradesh and donot belong to Delhi. Also I can't make my Delhi State OBC because it requires me to be in delhi before 1993. but I am living in Delhi only for past 10 years. so is it still illegal? as my delhi certificate is Migrant one not Delhi State one.

Dear Pratyaksh Kumar 

Thank you for your query! I am Devaki, and I will try to answer your query.

In short, YES, you can have two caste certificates. But, one certificate has to be a Migrant OBC certificate and the other caste certificate from your origin state (Domicile State) 

According to The Ministry of Welfare Letter No.12011/11/94-BCC(C), dated the 8th April 1994, to the Chief Secretaries of all States/UTs, 

• An OBC certificate may be granted to the individual by the prescribed authority (designated official body) of the state or territory to which they have migrated. This depends on them being able to show a genuine OBC certificate that their father received from the appropriate state or UT of origin. Your migrant OBC certificate could have been issued on the basis of your father's OBC certificate from UP. 
  • Nonetheless, the prescribed authority may wait to provide the certificate if they believe a thorough investigation from the state of origin is required.
• The ability to get an OBC certificate from the migrated state or UT using the father's certificate does not alter the individual's overall OBC status with respect to either their new or origin state or UT. Your status of OBC in UP will not be changed as you have a migrant OBC certificate. 
• You have migrated from your home state (UP) to another state (Delhi) where your caste is not recognised as OBC, but you're still eligible for OBC benefits and concessions from both the central (Union) government and your home state or territory.

Therefore, it is legal to have a migrant OBC certificate (Delhi) and an OBC certificate from your origin state (UP). 

I hope this helps. Thank you for your time and patience!  

Regards,

Devaki

The original question of the querist is that whether he can get two caste certificates simultaneously.

Regrettably, the answer provided by the above expert pertains to the subject  of Issuing of Other Backward Class Certificates to migrants from other States/UTs and nowhere it permits or states taht an individual can obtain two caste certificates from two different states simultaneously 

The purpose of the quesrist will not solve by the provisions of the circular mentioned above

Indeed, Sir, That it is not allowed to have two caste certificates from two different states simultaneously.

• But, here, the querist question is related to the migrant OBC certificate (issued at Delhi) and the origin state OBC certificate (from UP). In the case of a migrant OBC certificate, the benefits are from the central government, not the migrant state (Delhi) 
  • The migrant's OBC certificate would be issued on the basis of the individual's father's state of origin OBC certificate.
  • The migrant state's OBC certificate doesn't alter the individual's overall OBC status with respect to either their new or origin state or UT.

The migrant OBC certificate is issued for the welfare of the OBC individuals migrating for better opportunities.

• Under the migrant OBC certificate, an individual will get benefits and concessions from the central government, not the migrant state. 

Indeed, Sir, the purpose of the querist will not only be solved by the provisions of the circular mentioned, but it is enforceable and binding in nature according to Article 13 of the Constitution of India. 

I hope this helps! Thank you. 

Please correct me, sir, if anything is wrong in interpretation. I welcome any corrections or guidance you may have regarding the situation. Your input is valuable. 

Regards,

Devaki