New Delhi: At a time when political parties are demanding a nationwide caste census, members of Other Backward Classes (OBC) community in Delhi are struggling to get a three-decade-old rule regarding issuance of OBC caste certificate revised. The rule, in effect, bars OBCs settled in Delhi after September 1993 from availing reservation benefits in jobs, education and welfare schemes of the Delhi government.
Following several complaints, the National Commission for Backward Classes (NCBC) has asked the Delhi government to explore the possibility of extending the existing cut-off date of 8 September, 1993, for issuance of caste certificates to OBCs, ThePrint has learnt.
NCBC Chairman Hansraj Gangaram Ahir said the matter was taken up with Delhi Chief Secretary Naresh Kumar in a meeting on 13 September. “We asked the Delhi government to explore the possibility of extending the 1993 cut-off and submit its reply by the end of the month,” he told ThePrint.
He added, “It is an important issue…These people have been residing in Delhi for over three decades, but as they don’t have residence proof from prior to 1993, they are not eligible to avail the benefits given by the Delhi government. In the past three decades, a large number of people have come from various parts of the country and settled here.”
There are 65 castes recognised in the state OBC list, making them eligible for a certificate. Currently, the Delhi government issues two types of OBC certificates based on when the person or their family settled in Delhi, said a Delhi government official.
Those with residence proof from before 8 September, 1993 — the date notified by the Centre for the implementation of the Mandal Commission’s recommendations — are issued “OBC certificates of Delhi”. They can avail reservation benefits in Delhi government jobs, educational institutes under it and welfare schemes for OBCs, said the senior Delhi government official.
But those who don’t have residence proof from before the cut-off date are issued “OBC certificate (Central) of the state to which he/she originally belonged to”, according to the guidelines available on Delhi government’s website.
“These people can get reservation benefits in central government-run educational institutes, welfare schemes and jobs, but are not eligible for any benefit in state government-run schemes and jobs,” said the official.
Like the NCBC, the Delhi Commission for OBCs has also been receiving representations from OBC groups to get the issue fixed.
AAP leader and Commission chairperson Jagdish Yadav said, “This is an important issue, as lakhs of Delhi residents who have been living here for decades are deprived of Delhi government jobs and schemes. In November 2021, we passed a resolution to examine the matter. We will soon submit our recommendations to the Delhi government regarding extending the cut-off. What should be the next cut-off has to be decided by the government.”
Delhi Social Welfare Minister Raaj Kumar Anand said to ThePrint that the matter is under consideration. “But, the change in cut-off has to be done by the central government,” he added.
Explaining the process for extending the cut-off, Anand said, “A Cabinet note has to be prepared and it has to be passed by the Delhi assembly before the proposal is sent to the central government. We are looking into the matter.”
Currently, there are 4,600 government posts reserved for OBCs lying vacant in Delhi government, he said, adding that the NCBC has taken up the matter with the Delhi government to fill up vacant posts. “At present, those who settled in Delhi after 1993 are not eligible to apply for these posts.”
ThePrint has sought a response from the Delhi government. The story will be updated as and when the response is received.
J.K. Bajaj, director, Centre for Policy Studies, and member of the Rohini Commission (constituted to examine the sub-categorisation of OBCs), said to ThePrint, “The September 1993 cut-off is adopted only in Delhi. Other states/UTs have their own domicile requirements, but perhaps none of them has a cut-off date.”
“In Delhi, it was done probably to protect the interests of the original residents as it attracts a heavy stream of migrants. In 30 years since 1993, the population has tripled from about 10 million to over 30 million now. If the cut-off is changed, the number of claimants of OBC benefits would also become three times (of) what it is now,” he added.
Bajaj said changing the cut-off may not necessarily bring social justice. “For dispensing social justice, you need to collect data on who are benefitting from the quota and other welfare schemes for the OBCs now, and who will be the gainers and losers when the cut-off is changed. No such data is being collected,” he said.
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Extending cut-off a poll promise
The issue has been raised by political parties in the past, but there has been little movement on the matter.
The ruling Aam Aadmi Party (AAP) promised to extend the cut-off in its Delhi election manifesto in 2020. “The current requirement of having an address proof of Delhi from or before 1993 for being eligible for an OBC certificate is retrograde. We will pursue the central government to replace this with the requirement of an address proof in Delhi for the past five years,” the manifesto read.
The BJP, too, is keen to get the deadline extended. It has been trying to make a dent in AAP’s vote bank in slum clusters and unauthorised colonies.
Delhi BJP OBC wing president Sunil Yadav said he has written to the NCBC chairman in this regard. “A large population of OBC people in Delhi lives in slum clusters and unauthorised colonies. A majority of them have came after 1993, or some don’t have residence proof prior to the cut-off date. Is it fair that a person who has been in Delhi for years can’t avail the benefit of OBC reservation to get a job in Delhi government?” Yadav, who earlier this year held a protest at Jantar Mantar demanding the revision of cut-off date, told ThePrint.
“We want the Delhi government to extend the cut-off at least till 2020 or make a rule that those who have been living in Delhi for the last five or more years will be eligible to get an OBC certificate. This will help lakhs of Delhi residents, especially those living in slums and unauthorised colonies.”
OBC leaders of the AAP admit that there is a need to amend the rule. Former Delhi social welfare minister Rajindar Pal Gautam said. “The number of OBCs has increased over the years, but a majority of them are deprived of the benefits provided by the Delhi government. When I was the minister, I had taken up the matter and started work on it. The rule for obtaining the OBC certificate should be the same as we have for issuing SC certificates. The 1993 cut-off should be removed. But for this, the central government will have to amend the rule.”
(Edited by Smriti Sinha)
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