• Issuing OBC certificate to migrant from other state

Note: Our OBC caste in central list of uttar pradesh is available 
 Our OBC caste in state list of Maharashtra is also available
 As per President notification for ordinary resident for OBC -1967
1) In the year 1958 my father came to mumbai from uttar pradesh for employment
2) in the year 1965 he was working in private firm and had issued ESIC employee card at mumbai address were he lived
3) In 1968 my father gor married in mumbai 
4) ration card is of year 1968
5) After doing job he started business in 1971 and have all legal documents of state government,MCGM,property card etc. and local authorities till todate
6) My father expires in 2003 in mumbai.
7) We are two brothers and two sisters all born n brought up in mumbai maharashtra.
8) I born in 1970 & studied in maharashtra mumbai & doing business in mumbai
9) I have two sons born in mumbai & at present staying and studying in mumbai
10) We all have our birth certificate, election I-card, adhar card and all other documents of mumbai
11) My father and we dont have OBC certificate of U.P. or Maharashtra
12) We have our uncles (fathers brother) documents i.e. OBC certificate, Family register record of village (u.p.)
13) My fathers name & obc caste is also there in family register of village (u.p.)
my father was migrated from u.p. his origin, but we all are born n brought up in mumbai only, 
so can we get the obc certificate from Mumbai ? & can we get the facilities concession/benefits admissible to the OBCS status in Maharashtra ?
Is there any latest government notification in favour of my problem & in support of my documents to obtain the OBC cast certificate (non migration) from Mumbai.
Thanks.
Asked 7 years ago in Constitutional Law

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6 Answers

Dear Sir...

According your details....you born and bought up in Mumbai ...O.B.C. quota ...is applicable on all over the India ...so its better that ...if State Of Maharastra government not recognise you in this quota ...you are free to challenge your image in Mumbai High Court..

Best Regards..

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

subject: Issuing of other Backward Class certificates to migrants from other States/UT.

Sir,

1. In continuation of the DEPT's letter of 36012/22/93- Estt./SCT) dated 15th 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 States from which they have migrated, in order to remove this difficulty it has been decided that the prescribed authority of a State/UT Administration in terms of the DEPT letter aNo.16012/22/93-Estt. (SCT) dated 15th November, 1993 may issue the OBCS certificates to a person who has migrated from another States on the production of a genuine certificate issued to his father by the prescribed authority of the State 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 certificates will be issued irrespectively 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 at the other State/U.T. The OBC person on migration from the State/U.T. of his origin in another State/U.T. where his caste is not in the OBC list is entitled to the concession/benefits admissible to the OBCS from the state of his origin and Union Government but not from the State where he has migrated."

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Though the grant of OBC will depend on the rot of the source which is relied upon as per law, you may apply for OBC certificate from Maharashtra also mentioning that you and your wards have taken birth in Mumbai and your community has been listed in the list of OBC of Maharashtra state government list.

The authorities may not deny the grant of certificate based on production of relevant documents and details you have submitted before them.

If they reject your application by any means then you may ask them to give certificate based on the central list, this would be possible due to your bonafides.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

You can rely upon said notification in support of your case that you are entitled to OBC certificate

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

If at all they reject your application then you may plan to attach the said circular or instructions issued by the concerned department supporting your claim.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

yes.ofcourse

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

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