• Regarding not showing my OBC category

Sir,
I am working in govt . Psu department . I belong to obc category but I apply for this job in application form as general category.I qualified as from general category on merit .

During joining as per govt. Of India rules, they gave me to fill an Attestation Form .
In this form in point no .10 (b), I was asked that Are you a member of sc/st/Obc ? Give answer in Yes or No.

Here I wrote NO.
It was bcs I thought that I haven't applied from obc so no need to show my category.
now I am totally in doubt that weather i have done write or wrong bcs In my college I have shown myself as OBC and also taken reservation benifits in college. And now in job I am not showing my category. 
I am afraid because in attestation form it was written that if any information given by you is found wrong or suppressed then your service will be terminated immediately.
Please reply that i did wrong or right.?
Asked 6 years ago in Labour

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17 Answers

You have done a great mistake of giving false information.

Immediately inform to your employer about it stating that the mistake was caused inadvertently.

You will certainly run a high risk of losing your job. 

Inform here further developments for necessary advice.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You have made false statement that you do not belong to OBC 

 

2) you have claimed benefits of OBC in college 

 

3) your services would not be terminated as you were selected in general category and have not availed OBC reservation 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Well, you have done wrong but no impact on your job, as you are appointment under general category without any relaxation. It is up to you to either want to benefit of reservation of not.

This is minor issue. It would be suppression of material fact if by hiding this, you would have benefited. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

It is suppression of facts but your service would not be terminated at most some disciplinary action would be taken against you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See since you qualified as general category member and you did not intend to use your category in job so stating general there is no harm , as such you should have stated your category correctly but just on this your service cannot be terminated. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No they cannot terminate you merely on this ground. You have not wrongly taken any benefit you applied as general category and mentioned same in form.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are legally right you joined post as general candidate and your are not taking any illegal benifit so there won't be any issue.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No need to show OBC if you don’t want to avail benefits of reservation 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Don`t bother much, nothing will happen.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can state that it was inadvertently not mentioned.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- The candidates having OBC Status , having two options :

1. He can apply for getting any job on the bais of his caste for reserevation purposes.

2. If , he is not interested to avail the reservation , then he can apply for the General seats after mentioning his caste as General even. 

- Since, you do not want to avail the reservation policy for OBC , as you joined your job of general category , it will not impact your service.

- You have not done any thing wrong , and it will not come under the heading of Supression of Facts.

 

Good luck and dont forget to rating Positively  

 

 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Law is very clear. A reserved category person can apply for general category post if he desires so. There is no legal issue. 

But giving wrong information that you do not belong to reserved category is a violation of service rules.

As I advised you earlier inform the correct information to your employer. If you inform from your own it will not be treated as giving false or wrong information or suppression of material facts but as a mistake. This will completely change the views. It will not have any negative effect on your service.

But you will run the risk of negative effects till you rectify your mistakes.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Suppression of fact is a criminal offence and so living in fear whole life it will be better not to hide the things so out it now.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Since you have not availed any benefits for OBC neither you are having any plans to avail any such benefits in future you may not be worried about not mentioning this.

It is not mandatory in law to mention your religion or caste or sub caste,  this provision was created only to facilitate the candidates to avail the benefits pertaining to their respective category, if you are not willing to reveal such details, you cannot be compelled.

 

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

This is not considered as false statement.

It will be a false statement only when you would try to avail the benefits now while you have not made a mention about this at the time of recruitment 

In any caase it will not cause any harm to your employment.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

You are absolutely right in your understanding, you need not be worried on this count.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Dear

If you have joined the job on general category then there is no necessity to disclose your OBc category in that form. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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