• Determination of NC-OBC Certificate for Central Education

Hello, I wanted to know if I qualify for the Non-creamy Layer in OBC.
I belong to OBC category, My Parents' net annual income is 3.5 lakh Indian rupees and my personal annual income is 5.8 lakh Indian rupees. Do I qualify for NC-OBC? Is my personal income taken into account while determining Non-Creamy Status for Central educational institutes such as IIMs etc?
Asked 7 years ago in Civil Law

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5 Answers

it is your parents income which is taken into account for determining your NC OBC status

2) your income is not taken into account

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

yes you can apply central government educational institutions under Non-Creamy-OBC under the above mentioned conditions

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

The criteria to determine the creamy layer amongst the OBCs is circulated in by the Department of Personnel and Training O.M. No.36033/5/2004-Estt.(SCT),

dated the le October, 2004, to all Ministries/Departments, etc.

In regard to the children of the persons in civil services of the Central and

the State Governments, it provides that son(s) and daughter(s) of:

(a) parents, both of whom are directly recruited Class I/Group A officers;

(b) parents, either of whom is a directly recruited Class I/Group A officer;

(c) parents, both of whom are directly recruited Class I/Group A officers, but one of them dies or suffers permanent incapacitation;

(d) parents, either of whom is a directly recruited Class I/ Group A officer and such parent dies or suffers permanent in - capacitation and before such death or such incapacitation has had the benefit of employment in any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years;

(e) parents, both of whom are directly recruited Class I/Group A officers and both of them die or suffer permanent incapacitation and before such death or such incapacitation of the both, either of them has had the benefit of employment International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years;

(1) parents both of whom are directly recruited Class II/Group B officer;

(g) parents of whom only the husband is a directly recruited Class II/Group B officer and he gets into Class I/Group A at the age of 40 or earlier;

(h) parents, both of whom are directly recruited Class II/ Group B officers and one of them dies or suffers permanent incapacitation and either of them has had the benefit of employment is any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 year;

(i) parents of whom the husband is a Class I/Group A officer (direct recruit or pre-forty

promoted) and the wife is a directly recruited Class II/Group B officer and the wife dies; or

suffers permanent incapacitation; and

(j) parents, of whom wife is a Class I/Group A officer (Direct Recruit or pre-forty promoted) and the husband is a directly recruited Class II/Group B officer and the husband dies or suffers permanent incapacitation shall be treated as falling in creamy layer.

2. The Schedule further provides that sons and daughters of:

(i) parents either of whom or both of whom are directly recruited Class I/Group A officer(s) and such parents(s) dies/die or suffers/suffer permanent incapacitation;

(ii) parents both of whom are directly recruited Class II/Group B officers and one of them dies or suffers permanent incapacitation;

(iii) parents both of whom are directly recruited Class II/Group B officers and both of them die or suffer permanent incapacitation, even though either of them has had the benefit of employment in any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years before their death or permanent incapacitation shall not be treated to be falling in creamy layer.

3. The criteria prescribed for determining creamy layer status of sons and daughters of persons in Government service mutatis mutandis applies to the sons and daughters of persons holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc and also holding equivalent or comparable posts and positions under private employment. The creamy layer status of the sons and daughters of employees of organizations where evaluation of the posts on equivalent or comparable basis has not been made is determined on the basis of 'Income/Wealth Test' given in the Schedule. The Income/Wealth Test prescribes that the sons and daughters of persons having gross annual income of Rs.2.5 lakh or above or possessing

wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years would be treated to fall in creamy layer. An explanation is given below the Income/Wealth Test which provides that 'income from salaries or agricultural land shall not be clubbed.

4. Further the Department advised enhancement of ceiling in its Office Memorandum Dated: the 27th May, 2013 to Rs.6 lakhs.

“The undersigned is directed to invite attention to this Department’s office memorandumNo.36012/22/93-Estt. (SCT) dated 8th September, 1993 which, inter-alia, provided that sons and daughters of persons having gross annual income of Rs.1 lakh or above 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 aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs. 2.5 akh and Rs. 4.5 Iakh and accordingly the expression “Rs.1 lakh” under Category-VI of Scheduleto OM dated 8th September, 1993 was revised to “Rs. 2.5 lakh” and to “RS. 4.5 lakh” vide this Department’s OMs No. 36033/3/2004-Estt. (Res.) dated 09.03.2004 and dated 14.10. 2008 respectively. It has now been decided to raise the income limit from Rs. 4.5 lakh to Rs. 6 lakh per annum for determining the creamy layer amongst the Other Backward Classes. Accordingly, the expression “Rs. 4.5 lakh” under Category VI in the Schedule to this Department’s aforesaid O.M. of 8th September, 1993 would be substituted by Rs. “Rs. 6 lakh”.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Your parents income alone shall be take for consecrations of yor application for NCL - OBC.

Your individual income is not considered for issuance of the said certificate.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

So can i apply to central government educational institutions under Non-Creamy-OBC under the above mentioned conditions?

Yes you can proceed as per your proposal.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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