Income criteria for OBC-NCL Status
Dear Sir,
My son appeared for JEE Main and JEE Advanced in this year (2017). As we are from OBC category he appeared the exams on OBC-NCL category. I produced the proper OBC-NCL certificate in the prescribed proforma by JEE Board. After declaration of results he was allotted a seat in Computer Science and Engineering at N.I.T., Durgapur. We accepted the seat and deposited the seat aceptance fee of Rs. 45,000/- Thereafter we reported at one of the reporting centre in West Bengal (IIEST, Shibpur, Howrah) for Document verification and final Allotment letter. But after verification of OBC-NCL certificate the Officials present at IIEST, Shibpur asked me to produce the Income Tax Return copy in support of my claim for OBC-NCL status. When I submitted the same they rejected the certificate on the grounds-
1. My Income from all sources is above the ceiling of Rs.6,00,000/- (Six lakhs). Here I want to mention my actual income from different sources-
(a) Salary Income- Rs. 1,75,000/-
(b) Income from Business or Profession- Rs. 3,35,000/-
(c) Income from different other sources like Bank, Post Office etc.- Rs. 2,25,000/-
As far as I know that as per Govt. of India's rules the salary income and income from other sources should not be clubbed. And a person can be declared to fall in the category of OBC-NCL if his income from other sources (excluding salary and agaricultural income) does not exceed Rs. 6 lakhs in a year.
When I tried to mention the Govt. of India's Rules the officials present at the IIEST, Shibpur refused to accept the same and they show me an order of Central Seat Allocation Board (CSAB) where it was mentioned that OBC-NCL status can be given to the candidates whose family income from all sources is below Rs.6 lakhs. So they rejected my certificate and also cancelled the seat allotted to my son at NIT, Dugapur. They converted my son from OBC-NCL category candidate to General category candidate. Surprisingly there also show me another para where income ceiling for candidates from Uttar Pradesh was set at Rs.8 lakhs.
I have searched everywhere for income ceiling of UTTAR PRADESH for OBC-NCL status. Nowhere I found such difference in ceiling for defining OBC-NCL status of different states. NCBC website also have no such discrimination.
Now my query what is the actual constitutional law regarding OBC-NCL status. Does the criteria of income is different for different states.
Can IIT JEE Board or JOSAA or CSAB can frame their own criteria for defining OBC-NCL status. They are asking for OBC-NCL certificate in a Government of India format and the same should be issued by a Government Official. But at the time of verifying the certificate they are following their own rules defying the Govt. of India notifications.
Will you be kind enough to explain me the actual Consttutional rules and regulations and what can I do tn this case.
Asked 8 years ago in Constitutional Law
Yes I was a State Government Employee (Class I officer) till April 2015. But I left the service from the month of May 2015 because Government has rejected my application for Voluntary Retirement- which I applied on health ground. Since May 2015 I am neither drawing any salary nor any pension from the Government. The Income Tax return I mentioned here is for the F.Y. 2015-16 (A.Y. 2016-17) and the salary income I showed is for the two months (March 2015 and April 2015). From May 2015 onwards I am not receiving any salary or pension from the Government. So kindly let me know my status at present and what will be the status in future (as because from 2016-17 F.Y. onwards I will not have any salary or pension income from the Government). Also please let me know the answers of my original queries like-
1) Can IIT JEE Board or JOSAA or CSAB frame different criteria or income ceiling for different states of India like they set Rs. 8 lakh income ceiling for Uttar Pradesh and 6 lakhs for other states.
2) They are telling that this limit is for income from all sources (including salary - be it Government or Private)- is it correct..
Hope you will clear my queries at the earliest.
Asked 8 years ago
