Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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sandeep (service)     25 October 2010


Hello sir,

I want to ask you that if some one is rejected in public service commision for not coming in non creamy layer category(for the benefit of OBC category).But in same service for the higher post same person got selected by producing non creamy layer certificate that was furnished earlier.that was totally injustice with the person who trully comes under non creamy layers criteria .

please opine.and tell me some legal steps for it.




 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     25 October 2010

Use of earlier certificate supressing the subsequent is a crime and against the rules which can be got chellengd by you being an affected person. You should first obtain the earlier certificate produced by him and thereafter you should obtain subseunt certificate and list of selection on the basis of earlier certificate made on higher post. After obtaining the entire record, chelleng the selection of such person in the high court.

1 Like

Isaac Gabriel (Advocate)     25 October 2010

The OBC certificate has got validity for one year. Thereafter, a fresh one is needed. The income criterion is the basis for issuing OBC certificate. The issuing authority is vested with the power of estimating the income of the incumbent. Questioning of the OBC certificate amounts to challenge the creamy layer concept  of the individual and the evaluation of the certificate issuing authority.

sandeep (service)     26 October 2010

Thanks for your valuable advice.

As I told you earlier once a candidate rejected how can be that person eligibla for the higher post.As per eligibility criteria for NCL(non creamy layer) that person is totaly not in .

Is there any help from RTI act.It is verry difficult to procure earlier certificate.

plz guide

Isaac Gabriel (Advocate)     26 October 2010

Apply to the Public information officer about the number of certificates ( OBC ) issued to the individual and seek copy of the certificates, where you can find the income criterion mentioned in each, and the authorities who have vouched for the same.

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