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Pankaj Panchal ssc cgl selecte   05 November 2021

Regarding the claim of obc reservation in ssc cgl

Respected sir 

I have been selected for the post of UDC in DIRECTORATE general defense estates through SSC CGL 2018.i am an obc candidate , but my OBC certificate is after the crucial date of notification and my department is asking me to produce a back dated certificate which is next to impossible. What should I do should I file a case against my department because many ministries and departments have already given joining to their OBC candidates on the basis of their certificates even they were after issued after the crucial dates... 

Can my candidature be cancelled by my department.. Plz help me out sir... 

 11 Replies

H.JanakiManohar Rao (lawyer)     06 November 2021

You approach the High court praying to extend the same fecility to you as your collegues enjoyed.

Dr J C Vashista (Lawyer)     06 November 2021

Whether any such direction has been issued in writing ? If so, challenge it before appropriate authority /Tribunal/ court

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 November 2021

You can file writ of mandamus. Mandamus. 'Mandamus' means 'we command'. It is issued by the Court to direct a public authority to perform the legal duties which it has not or refused to perform. It can be issued by the Court against a public official, public corporation, tribunal, inferior court or the government.

P. Venu (Advocate)     13 November 2021

The posting suggests that the selection/recruitement has been made by the Staff Selection Commission (SSC). The extant norm does not insist on producing the OBC-NCL Certificate issued within the date of Notification. In this context you may profitably refer to the following communication issued by the SSC -

Submission of OBC Certificate by the candidates
Candidates may refer to the provisions in the Commission’s earlier Notices of various Examinations, which inter-alia prescribed that the OBC Certificate in the prescribed format issued within Three years, before the last date of receipt of applications and up to 180 days after the closing date of applications would be accepted by the Commission.

2. It has been observed by the Commission that the candidates were facing difficulties in producing the OBC Certificates in the prescribed format within the cut off date specified in the Notices. Some of the candidates had also challenged the above provisions in various Courts.

3. Keeping in view the difficulties faced by the candidates and the Order of Hon’ble Supreme Court in SLP No. 3116/2017 in the matter of Union of India vs Abdul Rasheed, the Commission took up the matter regarding relaxation in the stipulated time limit (as indicated at para 1 above) with the Department of Personnel & Training. The Department of Personnel & Training in consultation with Department of Legal Affairs, endorsed the following decisions of the Commission as given below:-

(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.

Under Secretary (P&P-I)

The above information could be accessed at file:///C:/Users/HP/Desktop/Judis/OBC%20-20NCL/OBC%20certificate.pdf

The decision of the Division Bench of Kerala High Court in the case of Dr.Smitha vs.Indian Institute of Education & Research (file:///C:/Users/HP/Desktop/Judis/OBC%20-%20NCL/Dr.Smitha.pdf)  could be quite helpful. 

As such, the decision of the Department appears to be quite wrong. You may take up the matter with the Central Administrative Tribunal through an Original Application.

Attached File : 38535 20211113172808 obc certificate.pdf downloaded: 5 times

Pankaj Panchal ssc cgl selecte   13 November 2021

The problem is that my department has interpreted the supreme Court order in a  different way and saying that this order was issued in 2017 and notification for ssc cgl 2018 came in the year 2018 so the previous order of supreme Court is invalid and produce a back dated obc certificate.. 

P. Venu (Advocate)     13 November 2021

You may approach the CAT, as already suggested.

Pankaj Panchal ssc cgl selecte   17 November 2021

Thank you sir

Sudhir Kumar, Advocate (Advocate)     22 November 2021

did you apply as OBC.

Pankaj Panchal ssc cgl selecte   22 November 2021

Yes I applied as an obc because I was in the state as well as in the central list of obcs and I have state obc certificate and my father's income certificate to prove my ncl status

Sudhir Kumar, Advocate (Advocate)     22 November 2021

Be clear on facts whether your certiifaate is valid for central jobs.

Pankaj Panchal ssc cgl selecte   22 November 2021

The certificate that I have is valid for central government jobs it is after the crucial date of notification mentioned by the ssc and that's the sole problem. The certificate I have is of central government format as well as verified by competent authority. It was made in dec 2019 and they are asking for a certificate of June 2018 

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