• Concerned about OBC non-creamy layer certificate

Hello sir. I belong to the obc category . My father is a class 3 employee (clerk) in a government insurance company. He earns a gross income (including all allowances) 6.5 lacs. When concerned about The non creamy layer certificate we contacted the circle officer of our block,he told us that non creamy layer status of wards of govt employee depends upon the status of his post not salary.As per his direction we applied our ncl certificate.. initially the clerk at block made us make a income certificate as per my fathers salary slip. Later he refused to give forward it to circle officer as per the 6 lac income criteria. We showed him the office memorandum and some proofs available online.. later on he agreed and forwarded it.. 
 Since the procedure and certificate recieved is online.. we submitted online the income certificate(6.5 lac) , proof of my father being a class 3 employee.. prrof pf his salary slip. It was then forwarded upto Deputy commisioner level and finally after his approval i got a ncl certificate. Also it can be verified from the e district portal of my state using certificate no.
 Using this certificate i applied for ibps po and qualified .. document verification is over and they have accepted my obc ncl ceryificate. I have my joining next month. But the certificate submitted to the bank are verified by the bank . So my obc certificate will be cross verified. I am worried that will the authorities cancel my certificate during cross verification as per income being more than 6lac ?
How will the cross verification of the certificate be done. ? Also can i have a say if in case in future they cancel my certificate that it was issued by the deputy commissioner so it was his fault not mine..
 I am filled with fear and anxiety. I have not done anything illegal. Done it after concerning the authority also read many articles regarding the non creamy layer. Pls clear all my doubts.
Asked 7 years ago in Labour

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7 Answers

your OBC NL would not be cancelled as your father is class 3 govt employee

2) NCL of wards of govt employees is determined by status of govt employee and not income

3)in the event your OBC NL is cancelled file writ petition in HC challenging the cancellation of your certifcate as office memorandum is clear

4) you have not suppressed any material facts and have disclosed all facts online at time of application of OBC NL certificate

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

request is made to the concerned district authorities to certify the veracity of caste/community certificate produced by the candidate.

2) Magistrates/District Collector/Deputy Commissioners of the district have been directed to check veracity of the caste/community certificate referred to the district authorities, is verified and reported to the appointing authority within one month of receipt of request from such authority

3) objective is to check that false/forged certificates are not produced by the candidate

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. Since your father is a class 3 employee of the govt your certificate cannot be cancelled. The post and not income is the criteria to determine if someone falls in NCL category.

2. Furthermore, you have furnished true facts at the time of applying for NCL certificate. So there is no question of cancellation of it.

3. If it gets cancelled, for whatever reason, the remedy of moving the HC will be available to you. So throw out your fear.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

this certificate shall be verified by the officer by whom it is issued. issuing officer cannot refuse to verify if it is not a forged document because doctrine of estopple shall stop him to refuse verification.

once document is issued by the officer it shall be verified by him, if you have not committed or adduced any forged document then you should not be worry.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

But the certificate submitted to the bank are verified by the bank . So my obc certificate will be cross verified. I am worried that will the authorities cancel my certificate during cross verification as per income being more than 6lac ?

The criteria for OBC NCL is no doubt 6 lakhs but in your case since your father is a class III employee then his income will not be considered, there fore there is no question for rejection of candidature due to this.

How will the cross verification of the certificate be done. ? Also can i have a say if in case in future they cancel my certificate that it was issued by the deputy commissioner so it was his fault not mine..

I am filled with fear and anxiety. I have not done anything illegal. Done it after concerning the authority also read many articles regarding the non creamy layer.

This certificate was issued by the authority competent to issue the same after following the proper procedures and requisite formalities. Hence the bank has no legality to question the authority for issuing the certificate.

They will just confirm if the genuineness of this certificate whether the same was issued by the authority concerned or not and cannot go beyond that.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Please note.. the obc ncl certificate nowhere mentions the income/status of parent

Thus your fears about the verification are unnecessary.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Sir can u pls tell how the cross verification process ?

It is a routine procedure being followed by any recruiting agency. They will send it by post and obtain report about its genuineness by return post.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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