If you are stuck in such a situation, here is what to do.

Mr. Sameer Verma is originally from Suryanagar in the state of Aryavarta and possesses a state-level Other Backward Classes (OBC) certificate. For his career advancement, he needs to apply for a Central OBC certificate from his home state, Aryavarta. However, he has been living in the city of Indraprastha for the last few years for work. Consequently, all his current identification and address proof documents, such as his Aadhaar card and voter ID, have been updated with his Indraprastha address. This has created a procedural hurdle, as he lacks any current address proof for his native place in Aryavarta, which is typically required for the issuance of such certificates.

Advice in such cases

The core issue is proving your “native” status or origin from the state from which you are claiming the reservation benefit. The authorities need to establish that your family belongs to the OBC community from that specific state. Even if you have moved, your eligibility is tied to your place of origin.

• Use Ancestral Documents: The most effective way to overcome the lack of personal address proof is to use documents belonging to your parents or grandparents. This can include land records (Khatauni/Khasra), old ration cards, voter ID cards, or any government-issued document that establishes their long-term residence in Suryanagar, Aryavarta.
• Provide Educational Records: Your school or college leaving certificates from institutions in Aryavarta can serve as strong proof of your connection to the state.
• Submit a Birth Certificate: If you were born in Aryavarta, your birth certificate is a primary document proving your origin from the state.
• File a Sworn Affidavit: You should submit a legally drafted affidavit. In this document, you must clearly state that you are a native of Aryavarta but are currently residing in Indraprastha for employment purposes. Attach copies of your current address proof and explain why they differ from your native address.
• Local Verification: The issuing authority, such as the Tehsildar or Sub-Divisional Magistrate (SDM), may order a local verification. Having relatives or known community members in your native village or town who can vouch for your family’s residence is extremely helpful.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The issuance of caste certificates is an administrative process governed by constitutional provisions and specific government regulations, not criminal laws like the Bharatiya Nyaya Sanhita (BNS).

• Article 15(4) and 16(4) of the Constitution of India: These articles empower the State to make special provisions for the advancement of any socially and educationally backward classes of citizens (SEBCs), which includes reservations in educational institutions and public employment.
• The National Commission for Backward Classes Act, 1993: This Act, along with the constitutional status granted to the NCBC via the 102nd Amendment Act, 2018 (which inserted Article 338B), governs the inclusion and exclusion of castes in the Central List of OBCs.
• State-Specific Rules and Government Orders: Each state government, including Aryavarta, has its own set of rules and procedures for the verification and issuance of caste certificates. These are typically issued by the state’s Revenue Department or Social Welfare Department. The application process is primarily governed by these local regulations.

If you are the complainant

In this context, you are the applicant seeking the certificate. Your approach should be systematic and well-documented.

• Organize Your Documents: Create a comprehensive file containing all possible proofs of your nativity. This includes your parents’ documents, your birth and school certificates, your existing state OBC certificate, and your current ID proofs.
• Draft a Clear Application: Fill out the required application form accurately. Attach a detailed cover letter and the sworn affidavit explaining your residential situation.
• File with the Correct Authority: Submit your application to the office of the Tehsildar, SDM, or the designated authority in your native district in Aryavarta.
• Maintain Records: Keep a copy of the entire application set and ensure you get a receipt or acknowledgement with a tracking number for your application.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If your application is unfairly delayed or rejected despite providing sufficient proof, you have recourse.

• Seek Reasons in Writing: If your application is rejected, demand a formal, written order from the authority stating the specific reasons for the rejection. This is crucial for any appeal.
• Appeal to a Higher Authority: There is usually an appellate authority, such as the District Magistrate/Collector or a designated Revenue Divisional Officer. File a formal appeal against the rejection order, presenting your case and all supporting documents.
• Approach the High Court: If your appeal is also dismissed without valid grounds, the final remedy is to file a Writ Petition before the High Court of Aryavarta under Article 226 of the Constitution, seeking a directive to the authorities to issue the certificate.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police have no direct role in the process of issuing caste certificates. This is entirely a function of the civil and revenue administration of the district. Police involvement would only occur if there are allegations of submitting forged or fraudulent documents, which would constitute a criminal offence. In a standard application process, you will not have to interact with the police.

FAQs people normally have

• Can I get a Central OBC certificate from Indraprastha, where I currently live?
  No. The Central OBC certificate must be issued by the competent authority of your state of origin (Aryavarta), as your caste is recognized as OBC in that specific state’s list.
• What if my parents have also moved and lack recent address proof from our native place?
  You must rely on older, ancestral documents. This includes land records, property tax receipts, old voter lists, or any official record that proves your family’s residence in Aryavarta prior to a specific cut-off date as mandated by the state.
• Is my state OBC certificate sufficient for central government jobs or admissions?
  No. For reservations in central government employment or central educational institutions, you must have an OBC certificate issued in the format prescribed by the Government of India, which explicitly states that you belong to the OBC category as per the central list and that you do not belong to the “creamy layer”.

What evidence is required?

A strong application should be supported by a combination of the following documents:

• Proof of residence of your father/grandfather in Aryavarta (e.g., land records, property documents).
• Your birth certificate, especially if it shows your place of birth as Suryanagar.
• Your school leaving certificates from institutions in Aryavarta.
• A copy of your existing state-level OBC certificate.
• A copy of your father’s or a blood relative’s caste certificate, if available.
• A sworn affidavit clearly explaining your current residence in Indraprastha and confirming your native status in Aryavarta.
• Identity proof like an Aadhaar Card or Voter ID, even with the current address.
• Income certificate for your family to prove non-creamy layer status.

How long will the investigation take?

This is an administrative verification, not a criminal investigation. The time taken for the process can vary significantly. Under most state Public Service Delivery Guarantee Acts, the timeline is typically set between 15 to 30 days. However, if extensive field verification is required to establish your native status, it can take longer, potentially up to a few months. Regular follow-up with the concerned office is advisable.

Advocate Sudhir Rao, Supreme Court of India