WHAT IS OBC CERTIFICATE, Why OBC certificate is important, WHAT DOCUMENTS REQUIRED TO APPLY FOR OBC CERTIFICATE & how to apply for it

 

WHAT IS OBC CERTIFICATE

The National Commission for Backward Classes (NCBC) issues the Other Backward Classes (OBC) Certificate (NCBC).

It is valid for a duration of up to a year. The Tehsildar is generally the one who issues it.

There are two sorts of OBC certificates: OBC A and OBC B. The Non-Creamy Layer category is referred to as OBC A.

The Creamy Layer is referred to as the OBC B group.

The Creamy Layer is for those who earn more than 8 lakh rupees per year.

Based on one's birth and employment, Hinduism separated society into four primary castes. Brahmans, Kshatriyas, Vaishyas, and Shudras were among them. Aside from that, there existed a subset of persons who were considered outcasts and untouchables. Dalits was the name given to them. 

After centuries of persecution and cruelty at the hands of the higher castes, the government finally made efforts to ensure that they had a voice in society. In addition, Tribals were a group that had been overlooked. They had not been assimilated into society and had been isolated for decades. 

As a response, the government took initiatives to improve their situation, such as reserving quotas in government positions and educational institutions for Scheduled Castes (SCs) and Scheduled Tribes (STs). The list of SCs and STs has been published in India's Constitution's First Schedule. 

However, it was eventually discovered that there was another class of inhabitants who had stayed backward and lived in poverty for ages. Other Backward Classes was the name given to this group (OBCs). 

They were people from various communities whose income levels were below the poverty threshold, rather than belonging to a specific portion of society like the SCs and STs. 

The 93rd Amendment recognized the OBCs, and they have been recognized since The 1990s. In India's Constitution, they have designated as Socially and Educationally Backward Classes (SEBCs). The government is obligated by Article 304 to promote the welfare of the OBCs.

In the beginning:-

During Prime Minister Morarji Desai's term, the Second Backward Class Commission was established on January 1, 1979, with Bindeshwari Prasad Mandal as its chairman. The Commission was established to learn more about India's "socially" and "educationally" backward groups. 

The Commission proposed 11 criteria to determine someone qualifies as an OBC, four of which were economic in nature.

A 27 percent reservation quota in all public sector employment and educational institutions was advocated in the Mandal Commission Report. 

During the period of Prime Minister Vishwanath Pratap Singh, this was executed. As a result, everyone who has a certificate identifying him as an OBC is allowed to be involved in the reservation program.

Why OBC certificate is important?

The OBC Certificate resembles a Caste Certificate in appearance. The OBC certificate is a piece of evidence that a person belongs to the OBC group, similar to how a Caste Certificate specifies a candidate's caste.

TEJ PAL SINGH VS. GOVT. NCT OF DELHI [1999 SCC OnLine Del 1092]: Held that a certificate given by a competent authority enables authorities to trust a candidate's claim that he is a part of the SC category. This case established that a certificate was required to make use of the reservation's benefits.

WHAT DOCUMENTS REQUIRED TO APPLY FOR OBC CERTIFICATE:-

To apply for an OBC Certificate, one needs:

• 10th Mark sheet/ Admit Card/ School Certificate 

• AADHAR Card

• Income Certificate 

• Residential Proof Voter ID

• Birth Certificate

• Caste Certificate from any paternal relative 

• Passport Size Photographs

WHAT ARE THE CRITERIA FOR ELIGIBILITY FOR OBC CERTIFICATE:-

 

In order to be qualified to apply for an OBC Certificate, you must meet the following requirements.

• The applicant must be an Indian citizen.

• The applicant is a member of the OBC group.

• The applicant earns less than 8 lakh rupees per year, excluding income from agriculture and farming (for Non-Creamy Layer Certificate).

• The applicant's parents work for the Central Government in the Group C and Group D categories.

• The applicant is employed by the Central Government in Group B and his or her parents do not get a pension.

• The applicant's spouse is employed by the central level, and her parents are unemployed.

WHO ARE INELIGIBLE FOR OBC CERTIFICATE:- 

 

An OBC Certificate is not granted to the following people:

• Applicants from backward castes and most backward communities. 

• Applicants with parents who work in Group A services

• Applicants whose parents work for the state government in Group 1 and earn more than 8 lakh P/A.

OBC Certificate Validity:-

The OBC Certificate is valid for a duration of up to one year in all states of India, except Tamil Nadu. The validity term begins on the day the Certificate is received.

Privileges

• A person who carries a valid OBC Certificate is eligible for the following benefits.

• There is a 27% reservation in government employment and organizations.

• Relaxation of the maximum age limit for a variety of competitive exams.

• Relaxation in terms of the number of times you can take various competitive tests.

• Relaxation in terms of cut-off marks

THE TYPES

There are two sorts of OBC Certificates. The Non Creamy layer is represented by the OBC A-type. The Creamy Layer is represented by the OBC B type. People who fall into the B category are ineligible to take advantage of the government's reservations.

WHAT IS NON CREAMY LAYER

Reservations are available to this group of OBCs Only. The person falls into the Non Creamy layer of the OBCs if the total family income is less than 8 lakh rupees per year. The tehsildar of the concerned State Government issues the Non-Creamy Layer Certificate.

WHAT IS A CREAMY LAYER

The phrase 'Creamy Layer' refers to a variety of the OBCs that is comparably better off than the others. They are forward-thinking and have access to resources. They are ineligible for government-funded educational programs and professional reservations. In the year 1971, The Sattanathan Commission came up with the term and ordered that the Creamy layer be exempt from reservations and treated equally with the General Category, i.e., All India Unreserved (AI UR). 

Furthermore, the Supreme Court said in 1992 that the Creamy Layer should be excluded by establishing a criterion based on "wealth, property, or position." In addition Children of Group A/Class, I officials of the Central and State Services, Group B/Class II officers of the Central and State Services and members of the Armed Forces were similarly exempt. 

In 1971, the income threshold (all sources of income) for establishing the scope of the Creamy Layer was set at more than 1 lakh rupees, which increased to more than 8 lakh rupees in 2017. This comprised households with landholdings of more than 10 hectares, 4 hectares of which were irrigated. When determining the Creamy Layer qualification, although, the candidate's and his or her spouse's status or income will be taken into account.

UNION OF INDIA VS. INDIRA SAWHNEY AND OTHERS [1992 Supp 3 SCC 217]: Although the 27 percent reserve was held to be lawful, the Creamy Layer was ruled to be exempt from the reserve ratio.

ANNAPPA S/O BEERAPPA HOSUR VS. STATE OF KARNATAKA [(1999) 5 SCC 188]: Held that applicant' income should be excluded while computing yearly income.

WHAT POINTS TO BE CONSIDERED BEFORE APPLYING FOR OBC CERTIFICATE

The following are some extra considerations to keep in mind when applying for the OBC Certificate:-

When it comes to the applicant's parents who work for the government, the job title is more important than the pay. For example, if an applicant's annual salary is more than 8 lakh rupees yet they work as Group C or Group D officials, they would still be included in the Non-Creamy Layer group.

If the applicant's parents work in the private sector, their yearly income will be the only factor consider

The terms "income" and "salary" is used equally here. The main condition is that in the previous three years, neither income nor salary should have exceeded the limit of 8 lakh rupees per annum.

The OBC Certificate is different from the EWS Certificate in several ways. The Income and Asset Certificate is necessary for EWS, whereas the Income and Wealth Certificate is necessary for OBC.

The Creamy Layer includes all senior executive level roles in PSUs that are considered as Group A postings.

After the age of 40, if a Group B/Class II officer is promoted to Group A/Class I, his kids will be eligible for the reservation.

If such a promotion occurs before At the age of 40, unfortunately, the children will not be eligible for the reserve.

FINAL REMARKS

As we've seen in this essay, applying for and receiving an OBC Certificate is a time-consuming process. Before one is qualified for it, there are a number of requirements that must be met. This is only a small fraction of the battle the Backward Classes have had to go through in order to be represented and respected in mainstream culture. When the Mandal report was implemented, the Other Backward Classes received a lot of backlash and criticism. Armed protestors and mobs went to the streets, causing widespread chaos. 

Reservation for Other Backward Classes continues to elicit heated discussion and conflicts, which frequently escalate into violence. Unfortunately, the people for whom such a provision was intended in the first place, that is, the underrepresented OBCs, are the principal victims of such severe prejudice. They are still subjected to the same discrimination that they were subjected to prior to the creation of such a program for their upliftment. 

However, things have changed, and they are now more empowered and well-equipped with educational and career resources. India aspires to ensure that every section of her large and diverse population is equally represented and has the opportunity to live a fulfilling life free of prejudice and violence.