• How to get my obc certificate from my home state?

Sir/madam
Since 1966 my family is settled in Rajasthan. My home state is Maharashtra. Recently I find out that we belong to Obc category in Maharashtra from our village Tehsil records. 
Therefore I applied for obc certificate in Maharasthra (My father got his education from Maharashtra while my grandfather was in Rajasthan and I was too born in Maharashtra and later in 1999 my father also got job in Rajasthan) and tehsil officer in Maharashtra issued me obc cast certificate but now when I applied for obc Non Creamy Layer certificate they refused to issue it giving the reason that the three year income record of my father that I produced is from Rajasthan and my Ration card and aadhar card are also from Rajasthan and suggested to go to Rajasthan Tehsil and apply for only non cream layer certificate in Rajasthan.
Please guide me
1) whether I should go to the court against the Maharashtra officials who have despite issuing my obc cast certificate ,refused to issue my non creamy layer certificate and how should I proceed through legal action. or
2) I should apply for non cramy layer certificate from Rajasthan showing them cast certificate issued from Maharashtra. Won't be it illeagal?
Asked 4 years ago in Civil Law

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12 Answers

You should apply for OBC NL certicate from Rajasthan as your Aadhar card , ration card is from Rajasthan

Litigation is long drawn and expensive proposition

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

If it is regarding educational qualification then you are certainly eligible to pursue the course from any school/college in Maharashtra or for instance anywhere in the world if your academic qualification and grades holds the criteria and eligibility for that particular course or degree.

But, if you want to get benefit of the state quota system for admission, you need to have the domicile certificate of the same state from where you want to get admission.

A certain number of seats are reserved for SC/ST and OBC, as well as for the candidates from the same state where the campus in located.

You do not need to procure any other caste certificates from any other states, if you already have one.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Obtain an OBC Certificate application form. Get the form from the Deputy District Collector or City District Collector (depending upon your residence and situation), both of which operate under the direction of the Office of the Tahsildar.

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

Hi,

You may get any certificate from Rajasthan only because you are resident of it for more than 3 years.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. Maharashtra Officials are right so there is no way or shall be fruitful to go to the court.

2. As your grandfather and father has attained the permanent status in Rajasthan is to live there so long then there is no harm if you apply for the OBCNCL to Rajasthan Govt. showing them caste certificate issued from Maharastra Govt.

I suggest that when you are also eligible for the caste certificate OBC from Rajasthan.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Obtain in writing from Tehsildar Rajasthan that OBC certificate cannot be issued to migrants

2) if refuses to given in writing file RTI application As to why certificate is not being issued to you

3) as against said refusal file appeal before collector

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
87938 Answers
6207 Consultations

5.0 on 5.0

As the rules differ from State to State please try to obtain caste certificate then OBCNCL from Rajasthan which they bound to give.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

This is my response to you:

1. This will create a problem for you;

2. So better file a Writ Petition in the High Court;

3. Once you do file, then plead before the court that the non-creamy certificate be awarded to you based on your father's proof;

4. Try to obtain the GR's of both Maharashtra and Rajasthan state which mention about your caste and recent developments up till now;

5. Consult a local lawyer and take the step forward.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

The issue of caste certicate will be from your origin place.If you change the state they will not issue the caste certificate.If you are settled in that state then they will issue caste certifcate.Burden of proof of caste lies on you

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) whether I should go to the court against the Maharashtra officials who have despite issuing my obc cast certificate ,refused to issue my non creamy layer certificate and how should I proceed through legal action. or

The Authorities in Maharashtra itself can give a NCL certificate because you are native of that state and also since the caste is coming under OBC in Maharashtra.

You should have made a representation against the decision of the Tehsildar before the District collector in this regard.

You should get the refusal and ther reasons therein in writing so that you can either approach the authorities in Rajasthan on that basis or approach a court of law for remedy on this.

2) I should apply for non cramy layer certificate from Rajasthan showing them cast certificate issued from Maharashtra. Won't be it illeagal?

You follow the procedure as suggested above and then approach Rajasthan authorities for relief and remedy.

T Kalaiselvan
Advocate, Vellore
78096 Answers
1543 Consultations

5.0 on 5.0

If that is the case you can ask him to give the refusal in writing along with the reasons and the case number of the supreme court judgment

If he is not entertaining then you may approach District collector seeking his intervention and a direction to the concerned authorities for issuing the said certificate.

T Kalaiselvan
Advocate, Vellore
78096 Answers
1543 Consultations

5.0 on 5.0

1) If you have migrated more than 10 years you can take domicile certificate from Rajasthan and on your grandfather's based documents you can get caste certificate from Rajasthan and on your father's income base non creamy layer certificate.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

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