• Query regarding OBC Certificate

Iam living in Hyderabad for almost 30 years.I finished my entire studies i.e from LKG to PG in Hyderabad. I belong to Koppula velama community which is recognised as backward caste and included in state and central list of OBC's in undivided Andhra Pradesh.

But after bifuracation of Andhra pradesh in 2014; new state Telangana is formed. Now, technically i belong to Telangana state as Hyderabad is the capital city of Telangana. So, now telangana govt has deleted our community from state list of OBC;s in 2015. But My community is listed in central list of OBC;s. 
LocalMandal Revenue officer is denying to give OBC certificate; as it is not included in state list of OBC;s

Will i get OBC certifcate; if so where should i apply????
Asked 7 years ago in Civil Law

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12 Answers

Hello,

 

If your community is now not listed in the list of state OBC then you will not get the certificate from your state, since the law of the new state will apply in your case. 

However, if you say that the same is listed in the central list then you may obtain the same from the central government. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can apply Central OBC certificate. There is a difference in Central and State OBC Certificates because what may qualify as OBC in one state may not qualify as one in another state. Thus, each state has its own criteria. The safer option is to get a Central OBC certificate as that will be applicable throughout the country.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See you should get OBC certificate.if mandal officer refuses take his endorsement on written application rejecting your application further file .writ before the high court for direction to mandal officer to give you OBC certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See in this regard since the officer is refusing a writ needs to be filed so high court can give clear directions.


See in this regard since the officer is refusing a writ needs to be filed so high court can give clear directions.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Caste certificates are normally issued at the place of permanent residence of the person

 

2) since you are permanent resident of Telangana application for issue of OBC certificate has to be made at Hyderabad only 

 

3) Your Mandal Revenue Officer (M.R.O.) ie Tahasildar.woukd issue you certificate 

 

4) Download the required form from e-seva site under revenue department, OBC form.

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

you have stated that your community is not included in central list of OBC in telengana and that you are permanent resident of Hyderabad falling in Telengana 

 

if so you would not be entitled to central OBC certificate merely because your caste is included in AP OBC list

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

 ‘Creamy layer’: Criteria for PSU, bank posts evolved

To grant reservation benefits to the OBC employees

The Centre has evolved criteria to identify posts in the PSUs, public sector banks and financial institutions comparable with those in the government to exclude the ‘creamy layer’ to grant reservation benefits to the OBC employees.

A proposal was examined and approved by a panel of Ministers and sent to the Cabinet for its final nod, a senior government official said.

The same panel had recently cleared the proposal to raise the ‘creamy layer’ ceiling for the Other Backward Classes (OBC) category to Rs. 8 lakh per annum from Rs. 6 lakh for Central government jobs.

The need to draw up the criteria arose as there was lack of clarity in the comparable posts in the State-run undertakings and the government.

The exercise to draw up the set of criteria was undertaken almost 23 years after a 1993 office order of the Department of Personnel and Training (DoPT) providing for 27% quota for the OBCs in government vacancies and laying down categories under the creamy layer.

‘Equivalent posts’

This order merely said the criterion enumerated for Group A and Group B posts would apply to officers “holding equivalent and comparable posts” in the PSUs, banks and financial institutions.

He said the move was aimed at ensuring parity between the posts in the financial institutions with those in the government in reservations.

“There were discrepancies in granting benefits to the OBC employees of such organisations and some were getting undue benefits in the absence of a comparative chart of posts across government and PSUs,” the official said.

Under the 1993 memorandum issued by the DoPT, certain categories are listed under the creamy layer.

Criteria of income

While categories like constitutional posts, Group A/Class I and Group B/Class II were clearly mentioned in it, there was no clarity in regard to the employees of PSUs, banks and insurance organisations.

The order further said pending the evaluation of posts on equivalence or comparable basis in these institutions, the criteria of income test would apply to the officers there.

Office Memorandum by DoPT increasing to Rs.8 lakhs

Government extends concept of creamy layer to PSUs, public financial institutions

In a major development, the Narendra Modi government on Wednesday expanded the ambit of ‘creamy layer’ in OBC reservations to include certain posts in PSUs and public sector financial institutions. Last week, the income limit defining ‘creamy layer’ in government jobs for OBC reservation was raised to Rs 8 lakh per annum from Rs 6 lakh. Now, the same definition of ‘creamy layer’ would apply to PSUs public sector financial institutions also in OBC reservations.

“This will ensure that the children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations, on par with children of people serving in lower categories in government,” said Finance Minister Arun Jaitley.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1)  Kindly visit to Local Mandal revenue Officer again who is denying you to give OBC certificate. 

 

2) You have to show him "Migrant Rules" which is applicable on site http://www.ncbc.nic.in/User_Panel/UserView.aspx?TypeID=1173

 

 

And show him that Migrant Rules passed by Government of India form Ministry of Welfare

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The work to issue OBC Certificate are of State Wise and every State has its own list of categories under the purpose so if your class has not been included in Telangana then you will not be issued, I suggest if your class was included in the list before bifurcation then file a Writ before the Hon'ble High Court on the point and include with you other affected people to increase the gravity of the question , all can file a single writ which will be less expensive and definitely you will get relief from there as the issue is important and is related to the masses.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

If it is appearing in the Central list then you procure that copy and make a representation against the orders of the Tehsildar refusing to issue the same for the reasons cited therein.

You may prefer the appeal before the District collector and explain that you come under the central list hence a OBC certificate may be issued as per the prevailing law in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If it is not appearing in the Central list of the Telangana State then you will not be entitled to get the desired certificate.

 

There are various reasons by which the said list is being prepared hence you may not get any relief  even if you knock the doors the District collector or even approaching court of law.

The government's policies cannot be challenged before court 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

you need to file awrit petition in this case before HC

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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