Obc certificate
Poorva Singh
(Querist) 27 May 2015
This query is : Resolved
I was born in Himachal Pradesh and was married in Uttar Pradesh 3 yeas ago. After marriage I am having great problem in obtaining OBC-NCL certificate. I know that caste and creamy layer is decided by parents and not by in-laws side. Tehsildar at my birth place says that since you are married into UP you will have to apply for certificate there. I said OK. I obtained the document from HP tehsildar verifying my caste and then applied for OBC certificate from UP tehsil. My caste comes in Central list for OBC of HP state but not of UP state. The tehsildar in UP refuses to make certificate for me saying that their software enters only the UP caste and then first prepares the state certificate and on basis of that central certificate is made. Since, my caste does not come in OBC list of UP, the tehsildar says that he can not make my OBC certificate. So in spite of being an OBC, no one either from parents side nor from in-laws side, are ready to make my certificate. What should I do?
Sudhir Kumar, Advocate
(Expert) 28 May 2015
software is to assist the Tehsildar's job and Telsildar is not there to be slave of software.
Defective software, not suited to the job cannot be a reason for Govt official to abstain from official function.
You can file writ mandamus in high court. AFter submitting representation to the DM.
Poorva Singh
(Querist) 28 May 2015
Hello Mr. Sudhir Kumar,
Thank You for your reply.
As you suggested I need to submit a representation to DM, before filing writ.
I called at DM's office at UP. He refused to even listen properly to my problem and abruptly ended the phone call. He replied in an extremely rude manner that your certificate will be made in your place of birth and CANNOT be made from UP. So if DM is not understanding my problem, how will my writ application get a substantial support. The officials from HP and UP are tossing me like a ball from one court to other. I am suffering like hell, and don't know what to do? I am doing service in Maharashtra, which is 1000 km from UP and 2000 km from HP. My husband is doing a job outside India and besides doing my job, I have to take care of my 4-month old baby. How am I supposed to convince these officials and make them understand my problem.
Rajendra K Goyal
(Expert) 01 June 2015
Writ can be filed on your behalf by your lawyer. Send all relative documents to your parent and ask them to engage a lawyer.
T. Kalaiselvan, Advocate
(Expert) 04 June 2015
The only solution is to approach high court with writ petition, consult a lawyer and file one seeking the desired relief. But it is not understood that why do you require a OBC NCL certificate from UP while you are working in Maharashtra?
Poorva Singh
(Querist) 04 June 2015
I have recently started working in MH. My home state HP officials say that your certificate can no longer be made here, it has to be obtained from in-laws state i.e. UP, since uour are Married.The UP officials say that your certificate can not be made here, it has to be obtained from birth state. I do not know if I can apply for certificate from MH also. Kindly advice.
Also, what actually are the guidelines for obtaining certificate for a married female. What kind of gender equality is this, no one asks by husband to obtain his certificate from HP after marriage. He is from UP and his certificate is easily made in UP whether he stays single or gets married? Then why me? Is there a notification which says that females must obtain certificate from in-laws state. What if some one does not get along well with in-laws? Does that mean that one cannot obtain OBC certificate despite the fact that one is OBC? I have land in my name in HP, I was born in HP. How can marriage be grounds to deny a certificate, from both sides.
