My case is comprised of 2 parts. Part 1 and Part 2 . Part 1. It started way back in July 2018(my age was 28 at that time). I wanted to obtain OBC NCL certificate for applying for Bank Exam. At that time my father was working in Group C in Indian Railways(aged 59) and for the first time in life his annual income exceeded 8 lakhs p.a.(for April 2017 to march 2018). And when I went to Collectorate Office for non creamy layer certificate (in July 2018), they rejected by saying that income is exceeding 8 lakhs and hence I won’t get the benefit of OBC reservation. And even after telling them that the rules for government employees is different for OBC as only the Post is concerned and not the income, still they rejected it on the same reason. The biggest thing was that even the clerk was having the same set of print outs (containing OBC reservation rules). He simply said that If SDO is not issuing your NCL certificate, what I can do. At that time my whole concentration was only to make my OBC certificate anyhow. Then one lawyer suggested me to obtain a NCL OBC certificate from my income rather than my father’s income. And I did the same and I got new OBC NCL certificate (in NOVEMBER 2018) from my income certificate mentioning Rs 36000/- annual income of our family. (Because I was not doing anything at that time) . Part 2. Then everything was going fine and I applied for the Bank exam as OBC candidate from the same certificate last year. Now when the result came in March 2019, I got selection from a General (Unreserved) seat instead of OBC. Now the problem is that should I go and join it or not. By the way till now 3 times (During interview, before declaring the final result and few days back during Document Verification) my documents have been scanned by the Bank officials and no one has figured out or noticed it that there is mistake in my OBC certificate. In my NCL certificate nothing is mentioned regarding income, but in OBC certificate (the Digital one), it is written that my family annual income is Rs 36000 only. During Document Verification(DV) (held in this July), they asked me to write my family details and when they asked about my father, I wrote that he is retired and getting Rs. 20,000/- as Pension. As my father was retired on 30 June 2019 and he is going to get monthly Pension of Rs 20,000(from August he will get). At present the officials have the copy of both my OBC certificate and NCL certificate. And now I m worried that if they find it later (even after joining), they may file a case against me for false documents because there is mismatch between the income mentioned in OBC certificate and my father’s income/pension. (At the time of DV, they have written my category as OBC even after getting post from General, I don’t know why) (We have always been in NCL category as we had no other income other than salary. My father has always been in Group C position and he retired also being in a Group C position)
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Your father income is immaterial
2) you are entitled to OBC NL certificate as father was class C employee
and even at age of 40 remained class C employee
3) you ought not to have given false income certificate
4) disciplinary action can be intiated if you suppress material facts
You can only say that the said act was inadvertently done. No other defense
You are too much confused and in confusion unable to co-relate the facts.
1. That OBC and OBC NCL are two different certificates and on the basis of these certificates certain concession are available to the community concerned so whether you wants to be OBC or OBC-NCL decide first then go ahead otherwise you will be in hot water even now and then.
2. When you have been selected as a OBC candidate how they are in possession of OBC-NCL certificate, definitely question will come if not now then in future and your carrier and you will be always have to think that some thing un-toward or bad may not happen so I suggest you that if you can take back OBC-NCL certificate then join otherwise not join this service because the question is of not of the joining , the question will arise in future when promotion or any other benefits will have to be given and then certificates will come in light so better is think now.
As per law, since your father was a government employee, the salary income is not taken into consideration for computation of annual income of the family, hence instead of manipulating the income you should have preferred an appeal against the decision of the SDO before the district collector then.
Well now what is done is done it cannot be changed, however since the authorities are not going to verify the details of the income of the family anymore, you may remain silent about it without whispering about this to anyone including your close friends.
In case the authorities find this at a later stage then you can prepare a defence stating that the authorities who granted this certificate have verified the details of the family before issuing the certificate hence you cannot be held liable for the mistake done by the authorities.
You may have to create some defence accordingly when such a situation arises.
