• OBC status in other states

I read somewhere that the Supreme court has said that a person belonging to OBC in one state will be OBC all over India.
Is that correct? If so, how can Uttarakhand government deny me from OBC status because I am OBC in UP (& in central list also)?
My parents are from UP. I was born in Uttarakhand (before partition of the state). As I have been living in Uttarakhand for 15+ years, I am eligible for a domicile of Uttarakhand. My caste is in Central list for UP & Uttarakhand both. But Uttarakhand govt has the policy that they will consider people to be in OBC only if they have been living in Uttarakhand for (25 or 50 years, I am not sure about the number of years). I want to know that if I apply for admission in a central institute, will my OBC status be valid?
Asked 3 years ago in Civil Law from Hyderabad, Telangana
1) yes Uttarakhand govt can deny you benefit of OBC because in state list you dont fall in category of OBC .

2) you would continue to be eligible to claim OBC status in UP and in central govt list but not in uttarkahand 

3) for applying to central institute your OBC would be valid
Ajay Sethi
Advocate, Mumbai
44442 Answers
2583 Consultations

5.0 on 5.0

subject: Issuing of other Backward Class certificates to migrants from other States/UT.
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
44442 Answers
2583 Consultations

5.0 on 5.0

Dear Querist
read the recent supreme court Judgement regarding the OBC(Jat)  in which the Hon'ble Apex Court clear all the doubt regarding the OBC status of a person.

Nadeem Qureshi
Advocate, New Delhi
4796 Answers
220 Consultations

4.9 on 5.0

1. The states have list of castes shown as OBCs for that state,

2. A caste listed as OBC in one state is not so listed in other states,

3. You can give the Supreme Court case referrence to verify your claim that OBC in one state should be OBC in all other states as judged by Supreme court.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
439 Consultations

5.0 on 5.0

Ask a Lawyer

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