• Regarding OBC NCL status

I got confused whether i am come under obc creamy layer or non creamy layer.

My friends father is selected as a Teacher (Group C ) in the MP Tribal School dept. Then after in the year of 2005 they promoted as a Lecturer (Group B officer) at the age of 40 and his current salary is around 9 lakh per annum.

I read an clause that if father or mother directly recruited to class 3/ group C & they get promoted into Group A before the age of 40 years, their sons and daughters shall not be treated to be falling in the creamy layer.

But in present situation of my friends father is class B officer only.

My questions (plz reply specific point wise)-

(1) Is this My friend is eligible for OBC NCL status y not plz suggest me right way as soon best possible way?

(2) My friend goes for the Block office they denied to issue OBC NCL certificate, is this right y wrong? What can we do?

(3) While applying for job as an OBC non creamy layer my friend apply or not?

Plz reply soon
Asked 4 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

Your friend is eligible for OBC NL certificate as his father was recruited as class C officer and at age of 40 was not promoted as group A officer

2) your father status is considered abd not his income

3) your friend should apply as OBC NL candidate for job

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

I am updating my answer with concern as I mis-read some word of notification.

So according to notification the people falling under creamy layer are

(I) V.V.I.Ps.- President, Vice-President, Judges of the Supreme Court and of the High Courts etc.

(II) Government or PSU employees of Central or State-

(i) parents, either of whom is a Class I officer (direct recruits)

(ii) parents, both of whom are Class II officers (direct recruits)

(iii) parents of whom only the father is a direct Class II officer and he gets into Class I at the age of 40 or earlier.

(III) In military, parents, either of whom is in the rank of Colonel and above.

(IV) Persons engaged in Profession, Trade and Industry whose last three-year’s separate annual income is more then Rs. 6 lakhs per year.

(V) Families owns agriculture land having (i) ‘irrigated land’, more than 85% of the statutory ceiling area or (ii) The rule of exclusion will not apply if the land holding of a family is exclusively unirrigated.

(VI) Persons having separate gross annual income of Rs. 6 lakhs per year or above for a period of last three consecutive years excluding income from salaries & agricultural land.

So now answering your question

(1)Yes your friend can get obc certificate

(2) they were wrong in denying same, you you approach the SDO by way of letter.

(3) yes he is eligible to file

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Appeal before collector regarding refusal to issue OBC NL certificate

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If the BDO has denied you with the certificate make a representation to SDO and also send a copy of same representation to collector.

If no relief go to high court under writ jurisdiction.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If you are an OBC candidate and your salary/income is more than Rs 8 Lakhs per annum, so you are under in creamy layer OBC candidate, in that case you may not get the benefits like creamy layer OBC candidates.

(1) NO- Your friend is not eligible because his father's income is more than 8 lakh.

(2)Your friends father is.govt. officer and his income is more than required as per law for getting the certificate , so rejection is right and you he cannot go beyond the parameter as defined by law,specially being a Govt.employee.

(3) Your friend should not apply for a job on the status of OBC NCL .It is illegal .

Mohammed Shahzad
Advocate, Delhi
9903 Answers
121 Consultations

5.0 on 5.0

Creamy layer limit varies for income from 6 to 8 lakhs per annum as such your friend May not be eligible for NCL certificate. File an RTI to know the ceiling of income to claim OBC NCL certificate. You can approach high court

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) No, it is not applicable for you to all over India and you cannot apply any where in India.

The Social Justice and Empowerment Ministry had proposed that OBC families which earn more than ₹8 lakh per year should be under the creamy layer category.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. Your friend would fall under the NCL OBC category since, his father was not promoted to class-I/group A at the age of 40 or before.

2. This wrong. Approach the High Court and file a writ of mandamus in light of the relevant government orders on the subject.

3. He can apply under NCL OBC category once he obtains a certificate to this effect.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Approach the High Court and file a writ of mandamus.

Obtain a direction against the Collector.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Go to the High Court and file a writ in the nature of mandamus against the block officer so that appropriate directions are passed for the BO to issue a certificate.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Your friend will get the benefit of reservation.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

It is a combination of income/wealth criteria which decides the OBC NCL or CL category. the latest circular from department of personnel and training has revised the income as 8 lakhs. Go through the circulars published by the DoPT and also get the reasons of rejection from the block officer which shall help you to approach collector and at-last court.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Income from salary and agricultural land shall not be clubbed in annual income.

If yor father is not a direct class I officer and had not become a class I officer at the age of 40 years or before, then you will come under OBC NCL category.

Block office is not the authority to issue NCL certificate, it is the revenue department or the Tehsildar who gives the certificate, if he refuses then you can submit an application to the District collector to intervene and direct the concerned officer to issue the same for which you are very much eligible, as per provisions of law.

He can apply under the reservation for OBC NCL category, he is eligible.

.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Blok officer denied to issue OBC NCL CERTIFICATE what we do? Plz suggest..

As I mentioned earlier that the Block officer is not the authority to issue this certificate, it is the Tahsildar who is competent to issue the OBC NCL certificate. You approach the local Tehsildar with an application and other supporting documents, let him give in writing the reason for refusal.

Go for the Collector Ya go for Hight Court?

You can approach the District collector with a similar application requesting for his intervention and direction to the concerned officer to issue the same since it is well within the provisions of law

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The main clause is of 8 lakhs annual income of your family. Of your family income exceeds 8 lakhs a year you will come under creamy layer.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer