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Rama mohan Acharya (Manager HR(Legal))     17 February 2010

Reservartion of OBC

I need advise on: A person is originally belongs to state X. his parents rae still staying in X. He got married in the state Y and staying there since last 10 years. In a recruitment process of a central PSU he submitted a certificate of



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 4 Replies

Isaac Gabriel (Advocate)     17 February 2010

No problem.The OBC concept is applicable for the posts under the Government of India and the public sector undertakings. So far as the vacancies within the state, the BC concept is applicable. In your case, the appointment relates to the central Government I suppose, and so  you are entitled to be  treated as OBC as per the certificate issued to you

Rama mohan Acharya (Manager HR(Legal))     18 February 2010

This is the full text. Some text were missing. I need the expert advise on: A person is originally belongs to state X. his parents rae still staying in X. He got married in the state Y and staying there since last 10 years. In a recruitment process of a central PSU he submitted a certificate of OBC from state Y.He has also mentioned his home adress in state Y. During the C&A varification , it was informed by the DM of the state Y that the original residence of the person is in state X. the C&A varification was carried out in state X also. In this circumstances where from the OBC certificate should be? from X or Y? Kindly enlight.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     22 February 2010

//where from the OBC certificate should be? from X or Y? //

Community certificate is to be obtained from the state where one permanently resides.

In your case, since you are residing in state "Y" for the past 10 years, you can get OBC certificate from State "Y".

Migration from one state to another state neither change the community of a person nor the social stigma attached to a community..

Kapil (Advocate (Associate Legal))     22 February 2010

Yes, Absolutely, as that detenue already underwent his sentence. So he / his representative (if any) has right to initiate action under the Constitutional provision against Jail Authority. Yes u r rightly eligible for the Bail. And looking forward, u can ask for compensation also. talking about Sec 167 of Cr.P.C. the period of detention is only of 15 days, f Magistrate finds appro. grounds then only he can extend the same. Instead of that i would like to draw u r kind attention that as per Sec 167 (b) no Magistrate shall authorise detention in any custody under this section unless the accused is produced before him;

Explanation.- If any question arises whether an accused person was produced before the Magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorising detention.

So u r within the Provisions as per Cr.P.C.


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