Upgrad LLM

obc certificate denied


 

Dear Expert Panel,

I come under OBC in Orissa and have completed my higher education. Now I want to join a Government Institution in a permanent job. I have an OBC certificate availed in 2006. I have to avail a new certificate for applying now in 2011. I donot come under creamy layer. The Tahasildar at Talcher says that, they have stopped giving OBC certificates to people of Talcher, Orissa in view of that my village comes under Urban area. My question is that-

1. Is it that there are no OBCs in Urban areas? Is it that some people with all requisite eligibility are denied of a OBC certificate because of residencil reasons. I feel I am unable to get the real fact or I am ignorant of the laws.

2. I feel I am not getting my justice and right of availing the certificate. What should I do? 

Waiting for a reply.

Thanking you.

Dillip

 
Reply   
 
Advocate High Court Madras.

OBC cdertificates can be issued in Urban areas also.

 

You can seek relief through a Writ petition.

 
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Dear expert panel,

  My father is a notary advocate. I belong to OBC category. The notary is gazzetted officer in as much as central government published the list of notary as gazzetted officer in the gazzette notification published by the 1st week of january/2008 and a notary is also appointed by gazzete notification.

Do the sons/daughters of a notary public advocate fall in the creamy layer OBC category?

 
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Advocate High Court Madras.

The creamy layer is purely on the income basis. The designation of your father will not be a hurdle in getting a requred certificate. 

 
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advocate / commissioner of oaths

Sir,

you first send a querry to the Tahsildar or the information officers of the collectorate seeking clarificstion on your stand. If it goes in your favour then send a representationn to the tahsildar claiming your certificate . If there is no response, move the high court seeking writ of mandamus.

 
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Sir,

But in some articles (http://www.airwebworld.com/articles/index.php?article=1533) i read that the children of lawyers too come in creamy layer. In the above stated article, it is said that the children of lawyers come under creamy lawyer.

 
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Dy Director

Mr Ragui knows the answer.

 
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The website of dept of personel and training govt of India says that

"In regard to clause (ix) of para 4, it is clarified that the creamy layer status of sons and
daughters of persons employed in organizations where equivalence or comparability of posts vis-
à-vis posts in Government has not been evaluated is determined as per the wealth/income criteria"

My question is which are such organisations? Is UN (United Nations) one of them?

Thanks in advance for your kind reply..

 
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Dear Expert Panel,

I come under OBC in Orissa and have completed my higher education. Now I want to join a Government Institution in a permanent job. I have an OBC certificate availed in 2007. I have to avail a new certificate for applying now in 201. I donot come under creamy layer. The Tahasildar at tangi choudwar says that, they have stopped giving OBC certificates to people of Talcher, Orissa in view of that my village comes under Urban area. My question is that-

1. Is it that there are no OBCs in Urban areas? Is it that some people with all requisite eligibility are denied of a OBC certificate because of residencil reasons. I feel I am unable to get the real fact or I am ignorant of the laws.

2. I feel I am not getting my justice and right of availing the certificate. What should I do? 

Waiting for a reply.

Thanking you.

please sir tell the steps i should take and i also want to inform that they have given me a query of act under odisha tribal walfare of mr;4030/TW at 29.1.1994

so please help me

 
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Assistant

I do not thing any new OBC certificate is necessary. A OBC certificate and a certificate for Cremay layer are different things. For having a certificate under creamy lawyer produce the document showng the income of your father/mother which should not be more than the prescribed limit for falling under creamy lawyer.  If the official denies it, ask for the order under which the OBC certificate and certificate for Creamy dealer is barred from being isused in urban areas. Approach the District Magistrate with an applicaton stating all the facts. In your application pray for a direction for isusing you a certificate of creamy layer as you are eligible for it showing documents pertaining to the income of your father.

 
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