You can only get the facility of obc if the said caste is in your state list
Issue of new obc certificate after migration to other state
Sir, my father is from bihar. he settled in uttar pradesh in 2000 (by purchasing a home in GHAZIABAD). he is of kurmi caste. which is obc under bihar list. basically my obc caste certificate is issued by bihar govermnent . i was born here, did my schooling here ( including 11 th and 12th) from up. but for taking admissions in up colleges under obc reservation needs caste certificate issued by up govt . i also checked kurmi caste is under obc in up state list. but the govt officer rejected my appeal by saying i am from other state and not an native, so is there no possibility of getting a up obc certificate???
Asked 2 years ago in Civil Law
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5 Answers
subject: Issuing of other Backward Class certificates to migrants from other States/UT.
Sir,
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."
- As per law , if you are residing in U.P. since 1993 , then you can apply for getting obc certificate .
- Further, you can get a central obc caste certificate from this state.
- Your father should make the caste certificate from Bihar , and after submitting this caste certificate with the proof of your staying and education before the government officer , you can apply for getting central obc certificate from the U.P. and which is valid in this state as well.
The college authorities should accept the community certificate issued by the other state where you were born and brought up.
However if the community is not recognized to fall under the state list for OBC, then you may have to follow the state government laws under which the college is functioning or is governed by.
If this community do not fall within the OBC category in UP then the UP state government my not recognize the community certificate issued by the state government of Bihar for the state government activities.
Dear Sir,
You can apply for a central OBC caste certificate issued from the state. Also, one residing in U.P. since 1993 is eligible to apply for an OBC certificate.
Thank You.
