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ANJALI SHAW   15 April 2023

Issuance of obc certificate

I belong to the Obc category but no one in my family has an Obc certificate. I want to issue an Obc certificate. My native place is in Bihar and I am born and brought up in Kolkata, West Bengal. So, I want to know from where should I apply for the Obc certificate and what is procedure and documents required? 



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 11 Replies

Dr J C Vashista (Advocate)     15 April 2023

Caste certificate can be issued by area Tehsildar / SDM at your ancestral place and not from the place of birth, if it is not same.

Approach concerned authorities in Bihar for further guidance. 

ANJALI SHAW   15 April 2023

Thank you for your reply, Sir. I am trying to apply for the caste certificate at the Tehsildar office of my ancestral place, which is Bihar, but I'm facing some issues because my Aadhar Card has the address of Bengal. What should I do and which document should I submit now? 

P. Venu (Advocate)     15 April 2023

Though a native of Bihar, why is it that you were  born and brought up in Bihar? Can it be said that you are an "ordinary resident" of Bihar? 

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ANJALI SHAW   15 April 2023

My grandparents are from Bihar but my parents have settled, i.e., migrated, in Bengal. My grandparents do have property in Bihar but we reside in Bengal. I am not sure whether I fall in the category of ordinary residents of Bihar but yes, my ancestral place is Bihar. 

T. Kalaiselvan, Advocate (Advocate)     16 April 2023

the list of Castes is State specific. As such a member of SC/ST/OBC is eligible for benefits in his state of origin only. A member of Backward Community, who migrates to other State is not entitled to get benefits, from the state of migration.

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shubham kumar (Advocate) (Advocacy)     16 April 2023

you can get your obc certificate in your native place, it can be obtained online also, you are required to submit khatiyan or deed in your father ir grandfather name.

it will take upto 1 month

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ANJALI SHAW   16 April 2023

Thank you so much for providing the information, Shubham Sir. 

P. Venu (Advocate)     16 April 2023

In accordance with extant norms, OBC Certificate is to be obtained from the authority where the person is ordinarily resident, the term ordinarily resident having the same meaning as in the Representation of Peoples Act, 1950 -

Section 20 in The Representation of the People Act, 1950

20. Meaning of “ordinarily resident”.—

(1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein.

(1A) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.

(1B) A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member.]

(2) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein. 2[(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date in the constituency in which, but for his having such service qualification, he would have been ordinarily resident on that date.]

(4) Any person holding any office in India declared by the President in consultation with the Election Commission to be an office to which the provisions of this sub-section apply, shall be deemed to be ordinarily resident  on any date in the constituency in which, but for the holding of any such office, he would have been ordinarily resident on that date.

(5) The statement of any such person as is referred to in sub-section (3) or sub-section (4) made in the prescribed form and verified in the prescribed manner, that 8[but for his having the service qualification] or but for his holding any such office as is referred to in sub-section (4) he would have been ordinarily resident in a specified place on any date, shall, in the absence of evidence to the contrary, be 8[accepted as correct].

(6) The wife of any such person as is referred to in sub-section (3) or sub-section (4) shall if she be ordinarily residing with such person  be deemed to be ordinarily resident on in the constituency specified by such person under sub-section (5).

(7) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.]

(8) In sub-sections (3) and (5) “service qualification” means—

(a) being a member of the armed forces of the Union; or

(b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modifications; or

(c) being a member of an armed police force of a State, who is serving outside that State; or

(d) being a person who is employed under the Government of India, in a post outside India.

In light of the facts and circumstances, in my considered opinion, you cannot be considered as an 'ordinary resident' of Bihar, and ineligble to seek OBC Certificate from the comepetent authority in that State.


Attached File : 38535 20230416082629 certificate.pdf downloaded: 37 times
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ANJALI SHAW   17 April 2023

Okay Sir, so should I apply for a caste certificate in Bengal itself? 

P. Venu (Advocate)     17 April 2023

Is your caste categorised as OBC in West Bengal?

ANJALI SHAW   18 April 2023

Yes Sir, my caste is categorised as OBC in the Central list of OBCs in the state of West Bengal. 


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