• Reservation for ex-servicemen

I am an ex-serviceman. Joined one of the public sector undertaking under ex-servicemen general category. However my cast is under OBC. I never claimed OBC reservation. In the attestation form for police verification I answered "yes" for the question whether belong to OBC or not. The verification duly signed by the district authorities after police verification was recieved by the bank.Now the bank is asking me OBC certificate verified by district collector for my confirmation to the post. I had submitted a written clarification that I never sought any reservation under OBC and never wish to have same in future.

What if the bank insists me to submit the OBC certificate? This will delay my confirmation by another three months.
Asked 11 years ago in Civil Law

11 answers received from multiple lawyers

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11 Answers

Bank cannot insist on your caste certificate if you have been selected under general quota. However you can try and provide the caste certificate for your own good for future service conditions.

Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations

there is no harm in providing OBC caste certificate if you belong to that caste . even if confirmation delayed by 3 months there is no harm in providing said certificate . in any case you have been selected under general quota , bank cannot insist on you providing said certificate as you have not claimed any reservation under said quota

Ajay Sethi
Advocate, Mumbai
97249 Answers
7855 Consultations

Once you have been selected under the 'general' quota and availed no benefit of your OBC status, it is improper for the bank to demand OBC certificate from you. However, acceding to the demand of the bank is in your own interest as your failure to produce the OBC certificate may result in disciplinary proceedings being initiated against you.

Another option is to issue a lawyer's notice to the bank against the demand of OBC certificate, albeit this is not recommended as it will hamper your relationship with the management.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

since you have mentioned in your form that you belong to OBC,though you have not claim any reservation under it you will have to provide copy of the certificate signed by respective authority.This call for the certificate from the bank is not for giving you reservation under OBC,it will be a formality which you will have to complete.

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

oBC certificate has to be issued by . District Magistrate/ Addl. Distt. Magistrate/ Collector/ Deputy Commissioner/. i doubt whether village officer can issue such certificate

Ajay Sethi
Advocate, Mumbai
97249 Answers
7855 Consultations

REQUIREMENTS FOR ISSUE OF O.B.C. CERTIFICATE

1. Application form.

2. Age proof certificate of applicant

3. Present family income certificate of parents by any Gazetted Officer

with full name, designation and seal.

4. Jamabandi (Patta) copy of applicant’s residence with Land Revenue

Receipt and Electricity Bill Clearance Receipt.

5. Land ownership certificate of owner.

6. Affidavit in support of the above.

PROCEDURE FOR ISSUE OF O.B.C. CERTIFICATE

Application form of O.B.C. duly filled in with required documents should to be submitted to the Deputy Commissioner. After inquiry/verification by the Sub-Deputy Collector and the Sub-Deputy Officer the Deputy Commissioner will issue the Certificate if eligible.

Ajay Sethi
Advocate, Mumbai
97249 Answers
7855 Consultations

you have in your attestation form for police verification mentioned that you are from OBC . hence bank wants you to substantiate your statement . you can if you so desire submit your community certificate . if bank insists then it is better you submit the certificate issued by Deputy Commissioner .

Ajay Sethi
Advocate, Mumbai
97249 Answers
7855 Consultations

community certificate will not do,you will have provide a certificate from DM office

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

OBC certificate can be issued by only the District Collector or his subordinates. It cannot in any event be issued by a village level officer.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

It is true that you have not availed any benefit of belonging to OBC. However, the bank intends to verify your credentials on the basis of the statement given by you to the police at the time of verification by it. To this end the only document which can establish the fact of you belonging to OBC is the OBC certificate which alone is the the proof of one's belonging to a particular caste, especially in case one belongs to any of the 'Other Backward Castes', as specified in the Indian Constitution.

The following are the requirements to obtain OBC certificate:-

1.Application Form

2.Copy of Ration Card / Copy of Voter Card / Name in the Voter List (one of them)

3.Report regarding caste Patwari / MC / Sarpanch

a. Income report

b.No family member is gazetted officer

c. Caste / religion report

d. In case of Women caste certificate before marriage

4.Self declaration Certificate

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

You don't have to produce any OBC certificate for confirmation since your appointment is not from OBC quota. In case your junior colleague is confirmed and you are left behind, you can challenge it . However, there is no harm to obtain OBC certificate and settle the query to avoid un-neccesary delay in your confimation.

Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultation

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