• Legal knowledge about OBC NCL status

Me and my wife are upper primary teacher in basic shiksha parishad,uttar pradesh.total annual income is 13 lac from salary. my daughter is going to give entrance exam of central and state.on this issue urs respected lawyers view is"yes,she deserves for ncl obc certificate. current creamy layer limit in u.p is 8 lac
Sir according torelated g.o for obc ncl-
1-we are not in creamy layer criterion 2 and 3 dated8-9-1993
2-*we eant to know about clause 6which is income/wealth test
My question is that we earned 13 lac from salary per annum.and none other source of oncome.one house isin name of my wife built by taking loan .house caste is approx 22lac.
*is clause 6 isapplicable in mycase*i am confused.and what is the meaning of"parents income is less than 8 lacin last three consecutive three f.y years"because our income in last three yrs from salary is more than 8 lac;please clearify
Asked 8 years ago in Civil Law

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10 Answers

The threshold limit is 8 lakhs. U r in creamy layer and not eligible for ncl obc

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

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 8 lakhs are still eligible for the OBC non creamy layer certificates

2)both parents are not directly recruited as group B officers . further none of parents is Gropu A officer

3)clause 6 is not applicable in your case

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client ,

Parents mean both earning father and mother.

Daughter not in for obc ncl-

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Clause 6 is not applicable to you

because none of the parents are group A officer and none ere directly recruited to group B

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since you and your wife both are in government service, you are salaried class and hence, your income or wealth is not the criteria for determining the creamy later status of your daughter. For govt servants, their status is the criteria for determining NCL status of their children.

Thus, if neither you nor your wife is a class I employee; also, both of you are not direct recruits in class II, your daughter will be entitled to obtain a NCL OBC Certificate.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

This is not the sole criteria for checking the status.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Income criteria is not applicable to govt servants

Only position in office is considered

If you are not govt servant then your income for last 3 years is considered

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Parents means both

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.

(iv) In military, colonel and above.

“Other than the above 4, all the government servants are non creamy-layer.”

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

For computation of annual income, the income from agricultural sources and salary income are not taken into consideration.

Therefore the income crossing the maximum limit of Rs. 8 lakhs is not applicable to your case, and your daughter is eligible for OBC NCL certificate.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Parent income other than agricultural and salary income is the clarification given by the government as eligible criteria for this certificate.

You can read my previous opinion given in another post of the same thread in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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