1. What is meant by OBCs?
OBCs is the acronym for Other Backward Classes. It is noteworthy that the term "Other Backward Classes" is not defined in the Constitution of India. This is a collective term used by the Government of India to classify socially and educationally backward castes. These classes are distinct from the Scheduled Castes(SCs) and Scheduled Tribes(STs). Under Article 15 and Article 340 of the Constitution, the term 'socially' and 'educationally backward classes' is used. Under Article 16(4), the term backward classes is used and under Article 46, the term "weaker sections of the society' is used. In Ashoka Kumar Thakur vs Union Of India, the Supreme Court observed that the Principle of exclusion of creamy layer should be applied in order to identify the OBCs.The creamy layers refer to those persons among the OBCs who have reached a higher level of social advancement and economic status. So the non-creamy layers are the backward section among the OBCs.Article 340 of the Constitution provides for the appointment of a Commission to investigate the conditions of backward classes. The First Backward Commission was set up on 29th January 1953 under the chairmanship of Sri Kaka Kalelkar . It was popularly known as the Kaka Kalelkar Commission. After much deliberation, the commission submitted its report on 30th March,1955. The Second Backward Commission was set up on 1st January 1979 under the chairmanship of B.P.Mandal.It was popularly known as the Mandal Commission. It submitted its report in the year 1980. The Commission, inter alia, recommended that OBCs must be provided a reservation of 27% in public sector and government jobs. In Indra Sawhney & others vs. Union of India, the Supreme Court upheld the 27% reservation for the OBCs as constitutionally valid and introduced the term "Creamy layer" to exclude the well-off people amongst the OBCs.The Court also asked the Government to constitute a permanent committee to entertain, examine, and propose the inclusion and exclusion of various Backward classes. Accordingly, National Commission for Backward Classes Act was passed by the Parliament in the year,1992 establishing the National Commission for Backward Classes. Article 338B was inserted in the Constitution vide the 102nd Constitution(Amendment) Act,2018. This amendment gave constitutional status to the NCBC.
2. Who can get OBC Certificate in Odisha?
The Ministry of Social Justice and Empowerment of India is the department of the Central government which notifies the list of the Other Backward Classes(OBCs) for different states. It is not necessary that if a particular caste is recognised as OBC in one State it may not be the same in other States. The OBC status of the castes is always state-specific. So the concerned ministry of the Central Government notifies the list of the backward classes state-wise. Click here to see the list of castes recognized as OBCs in respect of the state of Odisha.
As already stated, exclusion criteria are applied for the determination of the backward among the OBCs.In other words, the better-off people among the OBCs are called the Creamy layers who are socially and educationally advanced. So those who are backward among the other backward classes are known as Non-Creamy layers. The Government of India in the Ministry of Personnel, Public Grievances and Pensions issued an office memorandum No.36012/31/90-Estt.(SCT) Dtd.13.08.1990 regarding reservation for socially and educationally backward classes in services under the Government of India. It was modified by the central government vide office memorandum No. 36012/22/93-Estt. (SCT) Dtd.08.09.1993.The Non-Creamy layer status is determined by the memorandum coupled with the list of the OBCs published by the Central Government. So if a person belongs to the other backward caste notified by the Central Government for Odisha and is not excluded by the exclusion criteria Dtd.08.09.1993, then he is eligible for an OBC certificate in Odisha. This certificate normally refers to the non-creamy layers among the OBCs for reservation purposes in the Central government.
If a person does not hold any constitutional post or is not in the Government /Public Sector/Armed forces or if it cannot be decided to which class of Service(Class I/ Class II), in such cases the creamy-layer status is decided by Income/Wealth Test. As per the office memorandum, Dtd.08.09.1993 stipulates that sons and daughters of persons having gross annual income of Rs.1 lakh or above or possessing wealth above the wealth tax Act for a period of three consecutive years would fall within the "Creamy Layer" and would not be entitled to get the benefit of reservation available to the Other Backward Classes. The said limit of Rs.1lakh has been raised to Rs.8 lakh vide office memorandum No.36033/1/2013-Estt.(Res.) Dtd.13 Sept.2013 of the Ministry of Personnel, Public Grievances and Pensions.
3. How can I apply for OBC certificate online in Odisha ?
The Government of Odisha has made the process of applying an OBC Certificate seamless through eDistrict Odisha portal. To apply for a certificate through this portal, one has to register himself in this portal and obtain his login credentials. One can apply for an OBC certificate as follows:
- Visit the eDistrict Odisha portal and log in to it using your credentials.Then click on Apply for Services Tab. Click View all available Services. Select Issuance of OBC Certificate option. The online application page will appear.
- The application form is divided into nine parts. In the first part, fill up your personal details. In the second part, fill up the details of your present address like District, Sub-Division, Tahasil, Village, and RI circle. If your village is not there in the dropdown, then you can put a Tick mark against Village Not in the List tab.
- In the third part, select the area to which you belong,i.e. Urban or Rural Area. In the fourth part, the submitter's information is to be provided. Select Yes if you yourself submit the application. If someone else is filing the application for you, then No should be selected and his name and relationship with you should be entered. In the fifth part(Other Details), upload your photograph. The size of the photograph should be greater than 20KB and less than 250 KB. After this, you have to mention the Purpose for which you are applying for the certificate. It should be entered in the box meant for it. The Photograph and purpose fields are mandatory and these fields are marked with asterisks.
- The sixth part is regarding Permanent Address. If your present and Permanent address are the same, then select Yes from the dropdown in the box. If these are different, then select No and fill up the details like District, Sub-Division, Tahsil, etc. These are all mandatory fields. If your village is not found in the list, follow the steps mentioned for the second part. It is noteworthy that if you are a married woman and applying for the certificate mentioning your in-laws' address as your present address, then you should mention your parental address as your permanent address for verification of your caste and parental income by the Revenue Authorities.
- In the seventh part, provide the location particular of your permanent address.
- The eighth part is about Parents' Details. This is the vital information that decides whether anyone is a creamy layer or not. It is guided by the Office Memorandum No.36012/22/93-Estt. (SCT) Dtd.08.09.1993.This part reflects the exclusion criteria. So before filling up this part, one should go through the memorandum for better understanding. As the OBC certificate is issued on the basis of the income of the parents during the last three years, their details are entered in this part. Information in this part is filled up for the father or mother or both.For example,if both hold constitutional posts, then this information is filled up for both. So in this part,the occupational/income details of the parents and details of their institutions are filled up.If any of the parents or both of them are Government servants either in the state Govt or central Govt., the same is entered. Similarly, if they are working in the Public Sector/Armed forces, the same are mentioned. If they are property owners, the details of the same needs to be entered.
- In the ninth part, select your caste, corresponding resolution No. and date from the dropdown. Fill up the other details like the serial number of the caste in the central OBC list, occupational background, etc. Then mention the place in the Declaration part and put a Tick mark against I Agree Tab. Please check the last portion of the application form and ensure that the name of the Tahasil is selected correctly against the Apply to the Office field. Enter the captcha and submit the application form.
- After submission of the application,a new page will appear. Here you have to check whether all the details are entered correctly. If any error is found, it can be edited.
- Upload the documents like Identity Proof, Self Declaration, Copy of RoR, Land Passbook, and other documents, if any. Again check the correctness of the information and submit the application.
- Your application will be submitted and a reference number will be sent to your mail and mobile phone confirming successful submission of the application.
4. How can I know the OBC certificate status in Odisha ?
The status of the income certificate can be verified from the eDistrict Portal. For this, you need the application reference number. The status of the income Certificate can be checked through the Service Plus portal. For this, the Acknowledgement granted on successful submission of the applicant is badly necessary. For tracking the status of the income Certificate, the following steps should be followed:-
- Go to the Home page of the Service Plus portal at eDistrict Odisha.
- Then go to the Check Your Application Status Tab.
- Click on the Tab and enter the application reference number and date of application. This information is available on the acknowledgment receipt.
Enter the CAPTCHA. The status of your application will be there on your screen.
5. What is the validity of the OBC certificate?
The validity of the OBC certificate is decided by the financial year. In other words, the OBC certificate is valid for the financial year during which it is issued. For example, the OBC certificate issued in the month of April 2023 is valid till 31st March 2024.
6. How can I get the Central OBC certificate?
OBC certificate is always meant for the reservation of posts in the Central government. So OBC certificate means Central OBC certificate. The Govt of Odisha has made provisions for state-specific backward classes called Socially and Educationally Backward Classes. These classes are called Socially and Educationally Backward Classes of Odisha. SEBC certificates are being issued to these classes.
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