• OBC non-creamy layer certificate

Sir, I am preparing for Govt. exams and need to know if i am eligible for reservation under OBC Non creamy status. My dad is a principal in Navodaya Vidyalaya{Central govt. School) and my mom is a Headmistress in Tamil nadu Govt School. They have started their career as pg asst. teacher and got promoted to the current cadre at 47-49yrs of age. Now my dad is 59yrs and mom is 57yrs old. Their combined income is more than 12Lakhs/ANNUM from salary and we dont have any other income. Am i eligible for obc non creamy reservation in central government jobs.Thanks in advance.
Asked 8 years ago in Civil Law

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

4 Answers

1) you would be eligible for OBC NL layer certifcate

2)in case of government servants or service holders, their salaries will NOT be the basis for creamy layer evaluation. Instead their status/CLASS/grades will be considered

3) If anyone of, father or mother are direct recruited class 1 servants than their children won't be eligible for NCL. But if he/she is promoted to class 1 than the kids will be eligible

4) If father was recruited direct to class 2 position and than promoted to class 1 before age of 40 than it would be no longer NCL.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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, you are creamy layer. It means that if this annual income is less then Rs. 6 lakhs for any one of the three years you are a non-creamy layer.

Income from salary and agricultural land shall not be clubbed in annual income.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Sir, both my parents started their career as PG teachers which comes as Group B[Non gazette]. Now my father promoted to Group I at age 59yrs, and mom promoted to Group B[Gazette] at age 56yrs. Am i eligible for OBC NCL ?

If parents of whom only the father is a direct Class II employee then the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.

Under the above circumstances you are eligible for OBC NCL certificate/concession.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

2) in your case you would fall under OBC NCL as your father at age of 40 was not group A employee

3) for government employees only their position in the office is the criterion for non-creamy layer status. Excluding all Class I employees and direct recruits of Class II cadre, all other govt. servants having income greater than 6 lakhs are still eligible for the OBC non creamy layer certificates

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer