I am an OBC candidate. But when I applied for UGC/NET June/2012 Exam I applied as a General candidate as I couldn't get my Non-Creamy Layer Certificate from the Taluk Officer in time.I had applied for it months ago and the non receipt of the certificate forced me to apply as general candidate. When the result came I could score 57.71% marks where an OBC candidate require below 57%.And UGC/NET authorities do not include me in the list of successful candidates. Can I get my pass certificate? Is there any chance that Hon'ble court may consider my complaint leniently?
When I applied as an OBC candidate for UGC/NET in 2011, I was not allowed to appear for the exam as I couldn't produce a copy of NCLC. So I thought I should apply as general candidate and fight in the court pointing to the fact that I am an OBC candidate indisputably and it is the mismanagement from the part of those in authority to issue my Non-Creamy Layer Certificate in time that cost me a very important certificate as I am presently included in Asst. Professor post conducted by Kerala PSC.
Asked in Civil Law from Thiruvananthapuram, Kerala
1) you have applied on the general category for UGC/Net
2) admittedly at that time you did not have NCLcertifucate to appear as OBC candidate
3) you have not been included in list of selected candidates in the general category as your scores were lower than required for general category candidates
4) you cannot claim benefit of OBC candidate as you never appeared in OBC category
5) even if you move court you won't be granted any reliefs
Your application is prepared by you in general quota.So you can't get any benefit of OBC candidate . No relief can get from court in this issue. Try to prepare the exam good and surely get the job in next time.
File a writ petition as your qualification is valid for lifetime under NET.
Advocate, Greater Mumbai
The problem in your case is that you have applied for the post in the general category despite being aware that you are eligible for concession under the reservation for OBC non-creamy layer. Non-procurement of certificate from the competent authorities cannot be claimed as an excuse for not applying for the post under the said category. The court of law may not entertain any complaint in this aspect because it is your own commitment to apply in the other category than what you claim now and there was no pressure from anyone to direct you to apply under the other category. The marks what you scored is not eligible to promote you for the post under the said category through which you have presently aplied for and the court will restrict to the evidences before it and shall not go beyond it for any sentimental reasons that you may present before it.
Consult a good lawyer and decide further course of action in this regard.
1. You applied as a general category candidate and thus you were evaluated as a general candidate. No relaxation of parameters for evaluating a general category candidate can be sought by you.
2. Going to court will be futile as a general category candidate cannot be evaluated as an OBC candidate.
3. If there was delay on the part of the competent authority to issue the certificate then you could have gone to the HC to compel the authority to issue the certificate forthwith.