• Eligibility for OBC non-creamy layer

My parents are Group-C state government employees of Jharkhand. Their total annual income from salary together exceeds Rs. 6 lakh. 
But they have been divorced a couple of months ago. 
At present I live with my father and he bears all my expenditures. Am I eligible for reservation under OBC-Non creamy layer considering the fact that my father's annual income is less than 6 lakh.

Also, please let me know whether the creamy layer status for children of government employees is determined on the basis of total income from salary or class/group of service ?
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

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.

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
96829 Answers
7812 Consultations

Even if income of your parents is more than Rs 6 lakhs you are eligible for OBC NL certificate as your parents are group C govt employees

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

If the total annual income of your parents exceeds 6 lakhs , then you will be considered in creamy layer..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1) let the authorities reject your application for issue of OBC NL certificate

2)file writ petition in HC to direct authorities to issue you OBC Certificate as for government employees only their position in the office is the criterion for non-creamy layer status and not their annual income.

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

At present I live with my father and he bears all my expenditures. Am I eligible for reservation under OBC-Non creamy layer considering the fact that my father's annual income is less than 6 lakh.

Also, please let me know whether the creamy layer status for children of government employees is determined on the basis of total income from salary or class/group of service ?

The salary income is not taken into account for determining maximum limit for exemption for getting OBC NCL certificate.

It is the status of the employment which is considered for granting OBC NCL certificate

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

Please provide relevant links of government websites if required.

http://www.ncbc.nic.in/User_Pane...

.

National Commission for Backward Classes

http://www.ncbc.nic.in/Writeread...

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

The authorities in my block (Common Service Centers) are not ready to accept the fact that for government employees only their position in the office is the criterion for non-creamy layer status and not their annual income. They completely deny the fact that 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.

They simply say that if your annual income is greater than 6 lakhs, you are not eligible for OBC non creamy layer certificates even if your parents are group C / class III government employees.

What should I do in order to obtain my certificate ?

The documents pertaining to NCL eligibility for the children of Government employees can be found in website of National Commission for Backward classes, Ministry of Social Justice.. Page- 3, 5, 6 clearly mentions the NCL criteria for son/daughter (s) of government employees..

For CEntral government job or education institute, Income criteria is 6 lacs p.a but this include income other than goverment salary and income through agricultural land.

AND for below class II employee , for ex, if your parents are class 3/4 employee , and annual income is above 6 lacs(no matter what amount) , but this is solely on the basis of the govt salary or through agricultural land , then u are still NCL not CL.

Reservation is based on status of your parent not on income.income is just a factor to quantify status.And your(candidate’s) own Income does not matter at all.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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