• Can I get non-creamy layer OBC certificate?

Hi Im currently Working In A Central PSU in Group C post with Annual Income less than 4 lakh. My parents income is less than 2 lpa. Can I apply/or Do i need A Non Creamy Layer OBC certificate For Applying Executive Level Job in Other PSUs?
Asked 7 years ago in Civil Law

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4 Answers

You are entitled to OBC NL certificate

Certificate is issued on basis of your parents income and not your income

3)The Supreme Court has held that an individual candidate's income was not required to be clubbed with the income of the parents for the purpose of determining " creamy layer" to exclude a person of backward class from the benefits of reservation.

Referring to the Centre's Office Memorandum of 1993 on the issue and judgements of the apex court, a bench comprising justices J S Khehar and Arun Mishra set aside the decision of the Punjab and Haryana High Court which took consideration of the income of the candidate, a chartered accountant, to declare that the family belonged to the "creamy layer".

"The aforesaid determination was rendered by reading down the policy instructions issued by the state government, on the basis whereof, the backwardness of a candidate had to be adjudged.The aforesaid policy instructions were read down, to include the income of the person concerned, along with the income of the parents of the person, contemplated by the policy instructions," the bench said.

"It is not possible for us to accept, that the individual's own income could have been taken into consideration," the bench said after analysing the Centre's office memorandum of September 8, 1993 issued by the Ministry of Personnel, Public Grievances & Pension (Department of Personnel & Training).

The apex court noted that even with reference to category IV, which includes professional's (like CA), the income of the professional, has not been included.

"Thus viewed, we are satisfied, that on the plain reading of category VI of the office memorandum of September 8, 1993, that it was not the income of the individual concerned, but that of his parents, that would determine whether he would fall within the creamy layer or not," the bench said while allowing the appeal of a candidate

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

The reason why PSU is asking for certificate issued after 1st April 2017 is that it is issued on basis of last 3 years income

If annual income of parents of last 3 years is below 6 lakhs then you would be eligible to get OBC NL certificate

Your old certificate would not suffice

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Hi Im currently Working In A Central PSU in Group C post with Annual Income less than 4 lakh. My parents income is less than 2 lpa. Can I apply/or Do i need A Non Creamy Layer OBC certificate For Applying Executive Level Job in Other PSUs?

Yes you can apply for OBC NCL.

The certificate will be issued based on yor parents income and not yours.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Do i need to provide fresh certificate for every financial year? As the psu asked to get the certificate issued after 1.4.2017. Since im.already employed in a PSU can i show them my old OBC certificate

If you are already employed then what is the need for fresh submission?

However you need to obtain a fresh certificate on the basis of latest position.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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