• OBC non-creamy layer

Sir/ Madam,
 I am a MBA aspirant who took CAT 2015. I filled my birth category as OBC Non-Creamy-Layer(OBC-NC).
 OBC-NC for government employee is decided by status in the job not income. This is a rule. So my father being in Class 2/ Group B service even after  age of 40 years put me into OBC-NC category.
My father is from a village in Madhya Pradesh and he is now working with Chhattisgarh Government.
  Now starts twist. We went to competent authority in Raipur to issue the certificate. However, without looking rule book, he said that I do not belong to OBC-NC as my father's income exceed the national limit, 6 Lakh. We tried hard to convince him to see the rule but all went to vain.
 Then, we went to our native place in Madhya Pradesh. There we made  the certificate claiming my father as farmer as we have some land there through agent. So this claim is not true. But that was the only way to make the certificate.
 Recently, I heard from one of my friends who is studying at an IIM that at IIM they also ask for Income Tax Return (ITR) Form. And, they also do verification.
 So, I am concerned regarding verification process. I do not have any idea about how it works. But I am concerned about the fact that what would happen if authority find that I made the certificate with my father as farmer while ITR says he is Government Employee. 
 Therefore, what is way out of this situation.

Thanks.
PS: OBC-NC certificate does not mention anything regarding profession/status/income, it just mention that person belong to OBC-NC.
Asked 11 months ago in Civil Law from Kolkata, West Bengal
1. IIMs certainly verify the correctness of the certificates submitted specially the caste certificate to ensure that not eligible candidates can not enter the premium institute with false certificate,

2. You made a blunder in submitting the false certificate, since it will be caught much after, may be after 1 or 2 years when you will be on the verge of passing out the Institute,

3. Once caught your admission will be cancelled and may not be able to get admitted there ever,

4. I will suggest you to play very safe in your interest and skip the admission process this year and try next year with proper documents.  
Krishna Kishore Ganguly
Advocate, Kolkata
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1) you have made OBC certificate on basis that your father is a farmer 

2) IIM will verify whether certificate is original or forged 

3) since your OBC certificate is genuine you won't have problems on verification front 

4) as rightly pointed out by you for govt servants creamy layer is decided by post and not by income 

5) you have to take stand that certificate was issued as your father was class II officer even at 40 and hence would fall under OBC NC 

6) the right strategy would have been th challenge order of CA denying issue of OBC NC certificate on basis of income when father was govt servant 


Ajay Sethi
Advocate, Mumbai
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1217 Consultations
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 Recently, I heard from one of my friends who is studying at an IIM that at IIM they also ask for Income Tax Return (ITR) Form. And, they also do verification.
 So, I am concerned regarding verification process. I do not have any idea about how it works. But I am concerned about the fact that what would happen if authority find that I made the certificate with my father as farmer while ITR says he is Government Employee. 
 Therefore, what is way out of this situation.

First of all what you have done is an illegal act and punishable for the wrong doing or fabricating the information or for suppressing the fact material to the admission.  
However since you have already done this, it cannot be said that you have not done this if got caught in the later stage.
Now since you have taken the route of farmer for your father, stick on it till the end by stating that since he is not an IT assessee  he has not filed IT returns hence you are not able to produce the same.  now yo dont do the mistake of producing his ITR.  This may safeguard you from the present situation.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
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1) ordinarly inquires would be made with the competent authority whether any such OBCcertifcate has been issued .

2)you should never suppress any material information . obtain OBC NC certificate by making true disclosure of facts 

3) then only should you apply to IIM for admission . there should not be any discrepancy in your certifcate 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
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 ‘creamy layer’ as when a person has been able to shed off the attributes of social and educational backwardness and has secured employment or has engaged himself in some trade/ profession of high status and at which stage he is normally no longer in need of reservation.
Technologies are developed fast and government implement it in right ways. As per your query you got the certificate by stating your father is farmer. So the authorities check the certificates with information available . So checking the certificates is easy . If you obtain by suppressing real fact it may lead to trouble.
Ajay N S
Advocate, Ernakulam
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19 Consultations
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1. The Govt is very strict to ensure that any body who is not eligible can get the the benefit of the reservation policy. For the said purpose deep scrutiny is made of the certificates and here is no fixed  procedure for making such scrutiny  which can be confirmed to you. For verifying the  income of father or the certificate itself, IIM authority may ask I.T. department for copy of your father's I.T.return,

2. If you submit the fresh OBC-NC certificate issued by MP authority then it will be your admission that you had submitted a false certificate for your caste showing your father as a farmer which he is not. In the said case your candidature will be liable to be rejected. If you can replace your earlier caste certificate with the fresh genuine one, then your problem will get solved for good,

3. Please appreciate and in that your certificate of 2015 is a deliberately made false certificate case even if the IIM authority authority gives due consideration to explain then your case, there will be no acceptable explanation to submit a certificate showing a false statement,

4. It will be prudent on your part to act as suggested in my earlier post in your own interest.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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Even if you think of giving  copy of ITR of your father,your father who is a government servant may face problems with his employment hence it may not be advisable to put him into embarrassing situation and in troubles. 
Since you have already suppressed the facts earlier, it will better for you to follow the same track for completing your education.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
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1. It was not a wise idea to make the certificate which made a false claim. If this is discovered then your father's penal prosecution for forgery may be launched which carries an imprisonment of up to 7 years. You should rather have moved the High Court through a writ for seeking appropriate orders against the competent authority. 

2. It is a practice to send the ITR also for verification. 

3. Now if you create another certificate, which claims contrary to the claim made in the earlier certificate, it will further compound your problem as then there will be clear variance between two certificates which you may not be able to explain bona fide. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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1) if competent authority refused to issue OBC NC certificate then you have to file writ petition in HC to direct him to issue certificate as you meet the requirement laid down for issue of certificate 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
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The income aspect is the one which causes hurdle to your proposed application.
However as per the rule which was clarified in  para 7 of Department of Personnel and Training O.M. No.36033/5/2004-Estt.(SCT), dated the  October, 2004, to all Ministries/Departments, etc. which is reproduced below, it is clear that you are very much eligible:

7. In regard to clause (v) of para 4, it is clarified that the sons and daughters of parents of whom only the husband is a directly recruited Class II/Group B officer who gets into Class I/Group A at the age of 40 or earlier are treated to be in creamy layer. If the father is directly recruited Class III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and daughters shall not be treated to be falling in creamy layer.
I have reproduced the income computation for eligibility herein below:
The creamy layer status of sons and daughters of persons employed in organizations where equivalence or  comparability of posts vis-à-vis posts in Government has not been evaluated is determined as follows: 
“Income of the parents from the salaries and from the other sources [other than salaries and agricultural land] is  determined separately. If either the income of the parents from the salaries or the income of the parents from  other sources [other than salaries and agricultural land] exceeds the limit of Rs.6 lakh per annum for a period of  three consecutive years, the sons and daughters of such persons shall be treated to fall in creamy layer. But the  sons and daughters of parents whose income from salaries is less than Rs. 6 lakh per annum and income from  other sources is also less than Rs.6 lakh per annum will not be treated as falling in creamy layer even if the sum  of the income from salaries and the income from the other sources is more than Rs.6 lakh per annum for a period  
 of three consecutive years. It may be noted that income from agricultural land is not taken into account while  applying the Test.” 
Note: While applying the Income/Wealth Test to determine creamy layer status of any candidate as given in  Category-VI, income from the salaries and income from the agricultural land shall not be taken into account. It  means that if income from salaries of the parents of any candidate is more than Rs. 6 lakh per annum, income  from agricultural land is more than Rs.6 lakh per annum, but income from sources other than salaries and agriculture is less than Rs. 6 lakh per annum, the candidate shall not be treated to be falling in creamy layer on  the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as  prescribed in the Wealth Tax Act for a period of three consecutive years. 
Now you decide what can be done on it.
T Kalaiselvan
Advocate, Vellore
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You should have sought legal advise before doing an illegal act. You could have availed your legal remedies before the competent court which would have saved your year but you chose to forge a document. I repeat another certificate now, with a declaration at variance from the previous certificate, will attract the attention of authorities and may invite your prosecution.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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1. First file the application before the appropriate authority to issue you the certificate on the grounds mentioned in your query,

2. If he refuses to issue the same, file a Writ Petition before the High Court against inaction of the said Govt.Authority praying for immediate issue of the said certificate.
Krishna Kishore Ganguly
Advocate, Kolkata
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228 Consultations
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you should collect all the documents regarding income, expense and savings. Take attest from an officer having power to attest. When a person files ITR he declare his income, expense and saving. No documents are required at the time of filing. But at the time of verification either on notice from IT department or for any other purpose person is required to present all the documents upon which his declaration is based, along with ITR for the support of assess's declaration in ITR.
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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