• Issues with non-creamy layer certificate for migrants

Me and My father are from Kerala, Ezhava Caste(OBC) and we are ordinarily residents of Maharashtra, my husband has Caste Certificate from Kerala , now our daughter required NON creamy layer certificate(OBC) for Central Purpose (for education in Central Govt Institutions), Kerala Authorities refused it as we are not ordinarily residents in Kerala, Maharashtra Authorities also refusing by telling that they are not authorised to issue OBC-NCL certificate to MIgrants whose castes are not there in their Central List. of castes, What to do
Asked 2 months ago in Constitutional Law

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4 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."

 

3) rely upon said circular for issue of OBC NL certificate 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

You can file a writ petition either before Bombay high court or before Kerala high court against the district collector and the Tehsildar seeking direction to furnish the desired certificate. 

But before that get your application rejected in writing with the reasons stated therein for rejection. 

T Kalaiselvan
Advocate, Vellore
87119 Answers
2338 Consultations

Dear Client,

I  understand what you are going through. I want to make it clear that 

The 1993 National Commission for Backward Classes Act has made state-by-state recognition of OBCs possible. Only if the caste is included in the Central List of OBCs of the state where the applicant resides is it permissible to issue an OBC Non-Creamy Layer certificate. Therefore, the caste must be acknowledged in the state where migrants are residing. The Maharashtra authorities are justified in rejecting the certificate, as the Ezhava caste is not included in the Central OBC list. Since the applicant does not typically dwell in Kerala, the authorities there are also justified in accordance with the domicile requirements. Following that, either the restoration of regular residency in Kerala or the satisfaction of the OBC requirements in accordance with Maharashtra's Central List of OBCs.

Thank you.Hope this answers your query.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

File WRIT in high court. 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

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