(Querist) 02 February 2021
This query is : Resolved
Sir i had applied for ssc cgl 2021 but I didn't apply for obc certificate in crucial date.i applied after crucial date but i am eligible to obc Ncl criteria.is there any problem arise during document verification
(Expert) 03 February 2021
What is the crucial date you are referring to? Please post complete facts.
Rajendra K Goyal
(Expert) 03 February 2021
Contact the concerned office if they can confirm that you were OBC- NCL on the said crucial date.
(Querist) 05 February 2021
Sir , thanks for replying me.the closing/last date of application of ssc is jan 31,2021 but i applied obc certificate after jan 31 only.i will get obc ncl in feb 10 to 15.my doubt is what is the meaning of following paragraph? Which i take from dept. Of personnel and training "The Appointing authority, before appointing a person seeking appointment on the basis of reservation to OBCs should verify the veracity of the community certificate submitted by the candidate and also the fact that he/she does not fall in creamy layer on the crucial date. The crucial date for this purpose may be treated as the closing date for receipt of applications for the post except incases where crucial date is fixed otherwise" sorry for my poor English also . Thanks sir
(Querist) 05 February 2021
Sir, In intelligence bureau acio post they mentioned like "the eligibility of candidates in terms of caste will be determined on the closing date". Closing date is 9jan2021 but i get obc ncl on 15 February.i am working in marketing so i am not able to apply on before closing date.my doubt is my obc certificate which i get after feb 15 will valid or not.thank you sir
T. Kalaiselvan, Advocate
(Expert) 05 June 2021
If you have not applied for the job under the reservation of OBC NCL quota even though you may belong to OBC, you will be considered as a general candidate only. However if you have applied for the job under the said category but failed to attach the certificate then your application is likely to be rejected for this defect.
(Expert) 06 June 2021
It is not obligatory that a candidate who has claimed the reservation benefit like OBC-NCL should compulsorily produce the OBC-NCL certificate on or before the last date of submission of the applications. The candidate should necessarily make the claim for reservation benefit in the application if he/she is so eligible, but the OBC-NCL certificate need not be produced along with the application before the last date and the candidate will have to later produce the said certificate before the selection authority within a reasonable time. Non production of OBC-NCL certificate along with the application before the last date, cannot be a ground to summarily reject the application, at the threshold, where he candidate has claimed the reservation benefit in the application.
In this context, the Kerala High Court had held as below in the case of Union of India & others v. Abdul Rasheed -
" 9. It is not in dispute before us that the respondent is a person belonging to OBC. The fact that he was entitled to reservation is also not in dispute. The only question to be decided is whether his candidature under the reserved category could have been rejected on the ground that he did not produce the OBC non-creamy layer certificate in the prescribed format which was issued within 180 days of the date of closure of the application.
10. The land mark judgment of the Apex Court in Indra Sawhney v. Union of India [(1992) Supp.3 SCC 217] has explained the concept of reservation in its historical background and has laid down the principles for implementation. In Tej Pal Singh's case (supra), the Apex Court held that candidates belonging to SC and ST categories who submitted the community certificates belatedly were also eligible to be considered for appointment under the reserved category. In Pushpa v. Government NCT of Delhi & ors. [2009(2) Laws (Delhi) 278], with regard to the late submission of community certificate of an OBC candidate, the Apex Court held that a person belongs to OBC category by birth and not by acquisition of this category because of any other event happening at a later stage. A certificate issued by a competent authority to this effect is only an affirmation of the fact which is already in existence. In Ram Kumar Gijroya's case [(2016) 4 SCC 754](supra) the Apex Court considered the question of law as to whether a candidate who appears in an examination under the OBC category and submits the certificate after the last date mentioned in the advertisement is eligible for selection to the post under the OBC category or not. Deciding a batch of civil appeals, it was held that the judgment of the Division Bench setting aside the judgment and order dated 24.11.2010 wherein the learned single Judge had allowed the writ petition and directed the respondents to accept the OBC certificates produced belatedly was erroneous and the same was set aside. The direction to consider the appellant for selection in the reserved category was thus upheld. In the facts of this case as well, we are of the view that the certificate produced by the first respondent at the time of interview should have been accepted and acted upon by the appellants.”
The above decision was challenged in the Supreme Court. The SLP was dismissed. Thereupon, the Staff Selection Commission has issued revised instructions . The said instructions could be accessed at https://www.ssckkr.kar.nic.in/OBC%20certificate.pdf. It has been laid down that -
"(i) With effect from 23.01.2017, [i.e the date of dismissal of SLP No. 3116/2017 filed by the Commission in the Hon’ble Supreme Court of India (UOI vs Abdul Rasheed)] the Commission will not insist on candidates producing OBC Certificates issued within the cut off dates i.e. 3 years, before the last date of receipt of applications and up to 180 days after the closing date of applications mentioned in the Notices.
(ii) In cases where document verification has already been completed and the final result was declared after 23.01.2017 or is yet to be declared, the candidates may furnish prima facie proof of being OBC, if already not produced, to enable the Commission to consider/process their claim under the OBC category.
(iii) The candidature of OBC candidates will remain provisional; subject to verification of his/her claim by the User Department concerned as Appointing Authority, as per the extant Government provisions/guidelines on the subject.
(iv) It is categorically stated that the Commission shall not reopen cases where the final result has already been declared before 23.01.2017."