Lok Sabha Question No. 3500 (UNSTARRED), answered on 2018-08-08
Subject: Submission of OBC Certificate
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: Tejpratap Singh,Yadav

## MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

## GOVERNMENT OF INDIA (DEPARTMENT OF PERSONNEL & TRAINING)

## LOK SABHA UNSTARRED QUESTION NO. 3500

(TO BE ANSWERED ON 08.08.2018)

## SUBMISSION OF OBC CERTIFICATE

## 3500. SHRI TEJ PRATAP SINGH YADAV:

Will the PRIME MINISTER be pleased to state:

- (a) whether candidates have been facing difficulties in obtaining/submitting OBC Certificate in  prescribed  format  for  applying  /  joining  Government  jobs  due  to  the  rule  that  OBC Certificates should be updated about the current financial status the income criteria for exclusion  of  creamy  layer  as  result  of  which  many  OBC  candidates  are  denied  the opportunity for further improving their career prospects;
- (b) if so, the details thereof;
- (c) whether  even  those  candidates,  who  have  been  selected  on  the  basis  of  valid  OBC Certificate and  joined Government  service,  face  the  problem  of  producing  latest Certificate when they further apply for jobs in other government organizations and if so, the details thereof;
- (d) whether  there  is  urgent  need  for  simplification  of  rules  regarding  requirement  of producing OBC certificate for government employees by exempting them from it; and
- (e) if so, the details thereof and the reaction of the Government thereto?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER'S OFFICE (DR. JITENDRA SINGH)

(a)  &  (b):      As  per  instructions  issued  vide  Department  of  Personnel  and  Training's OM No. 36033/4/97-Estt.(Res.) dated 25.07.2003, every candidate seeking reservation as Other Backward Class (OBC) is required  to  submit  a  certificate  regarding  his/her  'OBC  status  and Non-creamy layer' status issued by the prescribed authority. The OBC status of a candidate may change only when the community of the concerned candidate is removed from the OBC list but his/her creamy layer status may change any time. In view of this, it is not possible to determine a fixed validity period for the OBC certificate.

The  appointing  authority  before  appointing  a  person  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 is the closing date for receipt of applications for the post except in cases where crucial date is fixed otherwise.

(c) to (e): Keeping in view the problems faced by OBC candidates, Department of Personnel and Training, vide letter no. 36036/2/2013-Estt.(Res.) dated 30.05.2014, revised the format for issue of OBC caste certificate to mention the details of Resolution by which caste/community of the candidate has been added in the Central list of OBCs and also to ensure that he/she does not belong to creamy layer.

Instructions have also been issued by Department of Personnel and Training, vide OM No. 36011/1/2012-Estt.(Res.) dated 08.10.2015, to the effect that where a candidate belonging to a  Scheduled  Caste,  Scheduled  Tribe  and  Other  Backward  Classes  is  unable  to  produce  a certificate from any of the prescribed authorities, he/she may be appointed provisionally on the basis of whatever prima-facie proof he/she is able to produce in support of his/her claim subject to his/her furnishing the prescribed certificate within a reasonable time and if there is genuine difficulty  in  his/her  obtaining  a  certificate,  the  appointing  authority  should  itself  verify  his/her claim through the District Magistrate concerned.

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