1) your daughter is entitled to OBC NL certificate

2). For government employees status

Is considered and not income

3) since you are class 3 government employee your daughter would be entitled to. OBC NL certificate

1) as per the Central creamy layer criterion II & III dated 08.09.1993 only the sons and daughter of following “government servants” will be treated as creamy-layer.

(i) Parents, either of whom is a Group-A officer. (Direct Recruitment)

(ii) Parents, both of whom are Group-B officers. (Direct Recruitment)

(iii) Parents of whom only the father is a Group-B officer and he gets into Group-A at the age of 40 or earlier.

For eligibility under OBC NCL, the criteria is that the parent should not be a class I employee or should not have become a class I employee at the of 40 years or below even if he has jointed as class II employee.

The salary income or income from agricultural land is not taken into consideration for a maximum income limit of 6 lakhs.

If your annual family (Definition of family-father, mother & minor children below 18 years) income (excluding government salary and agricultural income) is more that Rs. 6 lakhs in all the last three years every year, then you are coming under creamy layer.

The Tahsildar is wrong in his opinion. You may make a representation to the Collector in this regard where your grievance will be redressed properly.

so sir is their any clause to claim non creamy layer to tehesildar?

means what should i say with proof to him that my daughter falls under non creamy layer because he is refusing that she is under non creamy layer category on the basis of my income and which is wrong according to you.

Important creamy layer Clarifications by Government of India Ministry of Personnel (O.M. dated 14.10.2004)-

(i) To determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.4.5 lakh per annum, income from agricultural land is more than Rs.4.5 lakh per annum, but income from other sources (business) is less than Rs.6 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test.

(ii) The creamy layer status of a candidate is determined on the basis of the status of his parents (Father-mother) and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.

(3) There is no any column to show the ‘salary-income’ or ‘agriculture-income’ in application format prescribed by Govt of India to be produced in Tehsil to get central OBC caste certificate.

(4) As per Central creamy layer criteria Dt. 08.09.1993-

(i) Rule (II) (ii), if parents, either of whom is a direct Class II officer or parents, either of whom is a direct Class II officer & another is a Class III employee or parents, both of whom are Class III employees the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.

You can fight with the Tahsildar on the basis of the above information or have an appointment with the district collector and vent out your grievances so that you get relief from the top.