• About non-creamy layer and public service commission

My parents get separated in 2012 and now they getting divorce .since 2012 I have non creamy layer certificate which is based on my father's income not mother .Both are teacher.now I am going to get selected in public service commission class A post.I
 Am able to get non creamy layer certificate which is based on my father income because of my single parent since 2012 .My question is does there is any problem because my parents are not divorce regarding non creamy layer.divorce case is pending in a court since my preliminary exam pls give me answer is there is any problem even though I have non creamy layer if some one make objection.
Asked 7 years ago in Civil Law

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8 Answers

1) your parents income is to be considered for issue of NCL certifcate

2) if your parents are govt teachers their status is considered and not income

3) if you father is not class 1 officer before 40 you would be entitled to NL certificate

4) 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.

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

i have already answered your query

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

your parents income has to be considered for issue of non creamy layer certificate not merely your father income

you would have problems regarding your certificate if you have suppressed your mother income

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

Brother , since your parents are not divorced and you have not granted a legal custody of single parent.. Therefore, income of both of your parents will be considered of last 3 years

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

The divorce will not put any major impact on your status of non creamy layer.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

The salary income of the parents will not be considered as criteria to reject the OBC NCL status/certificate to the candidate.

They are not to be a class I officer that too before attaining the age of 40 years of age.

This is the only criteria to the government employees.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

have my non creamy layer of [deleted] which is based on my father's income because of my father and mother's separation in 2012 but not divorced .court give date December final hearing .which is before my result.pls give answer plssss

Your eligible for getting OBC NCL certificate even if yor mother is living with your father because the salary income is not taken for computing the maximum limit of income exceeding the permitted limit of Rs. 6 lakhs per annum

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

Sir I get my non creamy layer of this year I.e2017 also has previous year and parents separate in 2012 but getting divorce now is there any problem regarding non creamy layer If they divorce this year.bcause my selection in public service commission is after December when there divorce case end in court in december

Whether divorced or living together their salary income is not included in the annual income limit of Rs. 6 lakhs hence you can remain without worries in this regard.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

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