• Claiming job using caste certificate got by concealing facts

Hi sirs,

In a recent interview for a teaching post in a government college in Karnataka, me and my friend had applied for the same post. We both applied under 2A category. In Karnataka, we need to produce "caste cum income certificate" to claim reservation thereby filtering creamy layer at the time of getting a certificate unlike central government where only caste certificate is enough.

I know for a fact that both my friend's parents are pensioners by government of Karnataka and theier total monthly pension is 50,000. The creamy layer cut off for 2A is Rs. 4.5 lakhs per year which their family crosses. He has taken this certificate concealing the income from pension and declaring annual income as Rs.2,00,000 from agricultural lands.

He has been selected of job and I am next in waiting list. Can I do anything about this? Someone said I can't get the pension details officially from government by RTI because it is personal details.

That certificate is true certificate but issued under false details in bad faith.

Please let me know what I am supposed to do sir.

Thank you very much
Vinay
Bangalore
Asked 4 months ago in Labour from Bangalore, Karnataka
You cannot get his parents pension details as it is third party information the disclosure of which is impermissible under RTI Act. So you should address a complaint to the education department which can initiate a probe on its own. If he is found guilty of having obtained the job through concealment of facts then not only he is liable to be terminated but a criminal prosecution for cheating may also be launched against him.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1) you can complain to the authorities that certificate has been obtained by your friend by concealment of material facts 

2) in case any fraud is discovered his appointment would be cancelled and you would get the job 

3) if no action is taken by authorities file RTI as to what  action has been taken on your complaint 

4) Revision of income criteria-The limit of annual income of Rs. 4.50 lakhs has been raised to Rs. 6.00 lakhs for determining the creamy layer among Other Backword Classes (OBCs) candidates
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
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1) if tehsildar has issued certificate complain to tehsildar 

2) on basis of yiur complaint tehsildar would issue notice to your friend carry out investigations 

3) also lodge  complaint with the education dept 

4) they would call upon friend to furnish bank statement and pension details 

 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
You will require evidence, which you need to collect through other possible means and resources. On a simple complaint to the education department the inquiry may commence even if you do not give any documentary evidence. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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First please be aware of the rules in this regard, i.e., 
In case of government servants or service holders, their salaries will NOT be the basis for creamy layer evaluation. Instead their status/CLASS/grades will be considered. And for those who do not fall under any of the enlisted categories, they will be tested under clause 6 which is Income/wealth test.
 The pensioners' employment status to be confirmed before taking any action on this.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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To file a complaint to education department i would need to produce material evidence. But bank statements/pension details are not privy to RTI. So, on what basis can I file the complaint?

You may not be able to initiate any legal action without any evidence or just based on the hearsay information.  Try to secure the evidence from your own source.







The certificate has been issued in 2014 and it mentions cut off as 4.5 lakhs. Recently it has been increased.

The OBC NCL certificate is valid for one year only, you may verify this status.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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