• Can OBC category student claim OC (GM) seat

Respected Sir / Madam,

This is in respect of OBC category candidate claiming OC (GM) seat,

I have applied to the post of BSNL JAO and while applying I applied under OBC category. The result of the qualified candidates was announced and I got selected under OC (GM) category with good rank and scoring more than the general merit cut-off marks. At the time of document verification if I do not produce my OBC certificate will my candidature considered under general category. Can I claim the seat of General Merit because I got qualified under OC? Please help in this regard. I will hope I receive your response in this regard.
Asked 4 years ago in Civil Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

16 Answers

Reserved category candidates who secured higher merit in the process of selection for appointment are to be considered for appointment against general category vacancies notwithstanding the fact that they have applied under the reserved categories and the resultant slot under the reserved category will be occupied by the reserved category candidates next in the order of merit.

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Yes you can opt for general category.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. it is not clear whether you applied as OBC candidate or not.

2. If no then you are already qualified candidate and then t=would be no further requirement to refer your reserved category.

3. If yes then you will be appointed under OBC category.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

See you will claim the seat of general.category only but still you need to furnish if asked the obc certificate as you applied under obc.

On result your candidature due to score is in general category for selection. So you will get a general seat.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, he can claim a seat under General as well as OBC category

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. If you do not produce your OBC certificate you shall be treated under general category.

2. Your candidature will not be cancelled for not producing the OBC certificate.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Yes, if a candidate scores well that he falls under the category of GM then you need not to go under the OBC.

You have scored good and I wish you Good Luck for your future.

God Bless You...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The Law is Clear: Reserved Category Candidates Are Entitled to General Seats on the Basis of Merit

There is no law prescribing reservation for general category candidates in public employment and therefore there's no question of reserved category candidates being selected against “their seats”.

In Deepa EV v. Union of India The appellant, who has applied under OBC Category by availing age relaxation and also attending the interview under the ‘OBC Category’ cannot claim right to be appointed under the General Category.”

Therefore if you have not availed the age relaxation under OBC category, then there is no problem in getting appointed in the general category.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

Mere applying under OBC, don`t hold your right to be selected in general seat on merit.

But if u taken any relaxation like age, attempts etc than u will consider under OBC only.

https://thewire.in/law/reservation-law-india-sc-st-obc

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you have applied in OBC category then selection under general category can't be justified. But if you have not disclosed your OBC category and then selected in GC then you are qualified for the same. It depends on the selection criteria and procedures.

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

Dear Sir

You must understand that every one belongs General Category. Due your special qualications you are treated as OBC. Nothing to bother.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Sir,

You must view the issue seriously and protect your interest by sending a legal notice then a Writ Petition if necessary otherwise you will be loser. Wish you every Success.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Sir this is a serious issue since you were 6 in rank you must should have received your training letter issue a letter to appointing authority and personally visit the office to check why you didn't receive your training letter, if the issue is not resolved in a day or two file a writ petition before the High court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File application before CAT if your candidature is not considered in GM although you scored more marks

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

If you suspect any foul play in the selection list then you may obtain the information about the selection through RTI act and proceed with further action on the basis of information obtained.

It will be too early to approach before ascertaining the facts.

Hence it is not advisable to initiate any legal steps before exhausting the remedies available before you.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

1. You shall have to find out from your department as to why your name has not been mentioned even in the second list for sending for training.

2. You have already qualified for the post securing 6th rank in the general merit list.

3. There should be no reason why your name should be dropped.

4. First ascertain from your personnel/HR department the reason for dropping you name from the list of the persons sent for training.

5. After knowing the reason, next step can be decided.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer