• Query regarding OBC reservation benefits

Dear Sir/Ma’am,
I am a candidate giving the 2018 JEE MAIN examination.
I have a query regarding the claiming of OBC(NCL)reservation benefits.
I born in kerala and have birth certificate.
My parents originally from Kerala, now settled in Bangalore since the past 8 years, belong to the Saliya caste under the OBC category as per their SSLC marks cards.
According to the list given in The National Commission for Backward Classes under the central government, the caste is identified as “Saliya, Chaliya(Chaliyan) (whose profession is cotton weaving)”.
However in the list of backward classes as per the Government of Karnataka, only Challiyan and Chaliya are mentioned (Saliya is not given).
Due to this ambiguity in names, my application for a caste and NCL certificate was denied. 
The officials said that they can only choose a caste from the preset list on the computer and as my parents belong to Saliya, they cannot put me under Chaliya which is given, but they are just different names of the same caste as clearly mentioned in the Central Government’s list.

I have received only income cirtificate from karnataka and cast certificate from Kerala, how can i get the NCL ?
Family income below 5,00000 My father working at home as freelance graphic designer.

Please guide me as to what steps I should take next.

Thanks and regards,
Devika Vinayarajan.
Asked 6 years ago in Constitutional Law

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6 Answers

1. If Chaliya and Saliya are the two different names of the same cast which has been mentioned as OBC as per SSLC marks sheet, then your entitlement for applying for the reservation benefits constitutionally granted to you is being denied for not allowing you to apply mentioning Saliya as your cast in the OBC category.

2. File a Writ Petition against the Government of Karnataka before the High Court praying for a declaration upon the concerned department to incorporate the caste Sailya also in addition to Chaliya since both are same caste but pronounced differently in Karnataka and Kerala.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

If your application for OBC NL is rejected on grounds that Sailya does not fall under challiya you can file appeal against order of revenue authorities before the collector

2) rely upon central govt list wherein it is mentioned that salliya and challiya are cotton weavers

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Kindly approach the collector with a written application attach the central notification and Affidavit regarding you caste and the similar names in the state. If collector does not responds to your query file a writ seeking direction before high court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

following is the situation, where in you are not entitled for reservation under OBC. The course open to you is to approach the High Court in Bengaluru and see that a direction is issued to revenue department to issue such certificate, since it is not possible as computer list not having such name then they will be directed to issue an hand written special certificate. I will explain the process in person, if you visit my office. The following is only similar rejection situation.

if the candidate coming under the creamy layer but does not find place in the central list then he/she is not entitled to OBC reservation.

These candidates are excluded from the benefits of reservation in Civil Post and Services under Government of India. OBC caste certificate should be issued within one year prior to the last date of Registration in job recruitment. Caste certificate accepted by the banking authority should be issued only by these competent authorities:

Sub-Divisional officer of the area where you and your family normally resides.

Issued by the Revenue Officer who is not below the rank of Tahsildar

Chief/ Additionalchief/ Presidency Magistrate

District magistrate/Additional District Magistrate

Collector/ Deputycollector

Deputy commissioner/Additional Deputy commissioner

Taluka Magistrate/Class stipendiary Magistrate

In case of SC/ ST/OBC category candidates, Caste certificate issued by the competent authority in the prescribed format as stipulated by the government should be accepted only.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

File a writ against the concerned Authority of the Govt. of Karnataka which have been denying you the NCL OBC certificate, despite you satisfying all the requisite criterion.

The mere ambiguity in the name of the case, which needless to say are the same; cannot be made the basis to deny you this certificate.

Approach the Karnataka High Court and file a writ of mandamus.

Move a representation pointing out your grievances before finally approaching the Court.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You can apply for NCL certificate with the local civic authorities in your native itself.

Since Karnataka rules are different you may get respite perhaps in your own home town in this regard.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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