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

Rohan, a diligent second-year college student from the state of Aryavarta, is preparing for a competitive management entrance exam. He belongs to a caste that is recognized as an Other Backward Class (OBC) by the state government, which could make him eligible for reservation benefits. However, he finds himself in a complex situation regarding his eligibility for the Non-Creamy Layer (NCL) certificate, a mandatory document to claim these benefits.

His father, Mr. Sharma, works as a senior clerk at Sarvoday Sahakari Bank, a cooperative bank. While Rohan believes his father’s role is clerical and equivalent to a Group C position in a public sector bank, his father’s gross annual income exceeds Rs. 25 lakhs. This high income has created confusion, as the general income limit for OBC-NCL is much lower. Rohan has been told that he needs an official letter from his father’s bank clarifying that his duties are indeed clerical and equivalent to a Group C post, which might exempt him from the income test based on the post’s status.

Adding to his dilemma, an acquaintance, Mr. Gupta, who works in the Janakpur Municipal Corporation, has offered a shortcut. Mr. Gupta assured Rohan that he could arrange for the OBC-NCL certificate without any stringent income verification, stating, “Just come to the office, I will get it done.” This offer, while tempting, has raised serious red flags for Rohan, who is worried about the legality of such a process and the potential for future trouble if he proceeds with a fraudulently obtained document.

Advice in such cases

• Understand the ‘Creamy Layer’ Criteria: The rules for determining ‘creamy layer’ status are complex. For parents employed in government services or Public Sector Undertakings (PSUs), the parent’s rank or post is often the primary factor, not their salary. However, a very high salary can sometimes be indicative of a higher-level post. For cooperative bank employees, the rules often mirror those for PSUs. It is crucial to determine the exact equivalence of the parent’s post with Central Government posts.
• Gather Authentic Documentation: The correct approach is to obtain an official certificate from the employer (Sarvoday Sahakari Bank in this case). This document should clearly state the father’s designation, pay scale, date of joining, and a detailed description of his roles and responsibilities. This will be the primary evidence for the certificate-issuing authority to determine the post’s equivalence.
• Avoid Illegal Shortcuts: The offer made by the acquaintance is illegal and dangerous. Obtaining a certificate through fraudulent means or by suppressing information constitutes a criminal offense. If discovered, it can lead to immediate cancellation of admission or employment, and legal action.
• 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. An advocate specializing in administrative and service law can provide precise guidance on interpreting the Department of Personnel and Training (DoPT) memorandums that govern these matters.

Applicable Sections of Law

The determination of OBC-NCL status is primarily governed by a series of Office Memorandums issued by the DoPT, Government of India, based on the principles laid down by the Supreme Court. Procuring a certificate through false information or deceit can attract penal provisions under the new Indian laws:

• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with cheating. Providing false information to an authority to gain an undue advantage like a reservation can be prosecuted under this section.
• Section 475 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section pertains to using a forged document as genuine. If a certificate is found to have been obtained fraudulently, using it for admission or employment is a serious offense.
• The entire process of investigation and trial would be governed by the procedures laid down in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

If you are the complainant

If you have information that someone has obtained an OBC-NCL certificate fraudulently and wish to file a complaint, here are the steps:

• Gather all possible evidence supporting your claim, such as proof of their actual income or family’s employment status.
• File a written complaint with the District Magistrate/Collector of the district from where the certificate was issued.
• You can also file a complaint with the vigilance cell of the institution (e.g., university or government department) where the individual has used the certificate to secure a seat or job.
• 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. An advocate can help you draft a legally sound complaint and ensure it is submitted to the correct authorities.

If you are the victim

In this scenario, if you proceed with the illegal shortcut, you are not a victim but a party to the fraud. If you find yourself in a situation where a certificate has been obtained improperly, you must take immediate corrective action.

• Seek Legal Advice Immediately: Do not wait for the issue to be discovered. Proactively seek legal counsel on the best course of action, which may include surrendering the certificate.
• Be Transparent: If an inquiry is initiated against you, concealing facts or providing false statements will only aggravate the situation and lead to harsher penalties. Cooperation and transparency are key.
• Prepare Your Defense: If you are facing legal or departmental action, your lawyer will help you prepare a defense, explaining the circumstances and mitigating factors.
• 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. This is non-negotiable. You cannot navigate these proceedings without expert legal representation.

How the police behave in such cases

Typically, the police do not get involved unless a formal First Information Report (FIR) is registered for a criminal offense like cheating or forgery. The initial inquiry is usually departmental, conducted by the revenue authorities or the institution that was defrauded.

If an FIR is lodged, the police will conduct an investigation as per the BNSS. This involves:

• Summoning the applicant and their parents for questioning.
• Seizing relevant documents like application forms, income proofs, and the fraudulent certificate.
• Recording statements of witnesses, including the issuing authority and the official from the parent’s workplace.
• Based on the evidence, they will either file a chargesheet in court to prosecute the accused or file a closure report if no evidence is found.

FAQs people normally have

Is salary income considered for the creamy layer status?
This is a common point of confusion. For children of government and PSU employees, salary income and agricultural income are not counted towards the wealth test (currently Rs. 8 lakh per annum). The primary determinant is the parent’s post or rank. If the parent holds a Group A/Class I post, or a Group B/Class II post and gets into Group A before the age of 40, the child is automatically in the creamy layer, regardless of salary. However, a very high income can be used by authorities as an indicator that the post is not of a lower grade, prompting deeper scrutiny.

What if my caste is in the State OBC list but not the Central list?
For admission to Central Educational Institutions (like IITs, IIMs, NITs) and for jobs in the Central Government, your caste must be included in the Central List of OBCs maintained by the National Commission for Backward Classes (NCBC). A state-level OBC certificate is not valid for central-level reservations.

What are the exact consequences of using a fake NCL certificate?
The consequences are severe and multi-fold:

• Immediate and permanent cancellation of the admission or job.
• Forfeiture of all fees paid or salary earned.
• Permanent debarment from appearing in future exams or applying for government jobs.
• Criminal prosecution under the Bharatiya Nyaya Sanhita, which can lead to imprisonment and a fine.

What evidence is required?

To apply for an OBC-NCL certificate correctly, you will generally need:

• Proof of identity and residence (Aadhaar Card, Voter ID).
• Caste certificate of the applicant or a direct blood relative, issued by a competent authority.
• Detailed service records of the parents from their employer, specifying post, pay scale, and duties.
• Salary slips and Income Tax Returns (ITRs) for the last three consecutive financial years for both parents.
• An affidavit in the prescribed format declaring that you do not belong to the creamy layer.
• School leaving certificates or other documents establishing caste.

How long will the investigation take?

If an investigation is launched into a fraudulent certificate:

• A departmental inquiry by the District administration or the concerned institution can take anywhere from a few weeks to several months.
• If a criminal case is registered, the police investigation and subsequent trial in court are lengthy processes that can extend for several years.

Advocate Sudhir Rao, Supreme Court of India