Your parents income is considered to determine your OBC NL status
2) your income is immaterial
3) Talati is ignorant of the law
Am I eligible for a non-creamy layer certificate
Hello Sir, I am from the OBC category and I earn 13 lakhs per anum. Both my parents are retired and there clubbed income from all sources is not more than 5 lacs. Am I eligible for a Non creamy layer certificate. I contacted a local talathi and he said that my own income will also be considered while determining my creamy layer status, so I will not get the non creamy layer certificate. But as per the NCBC memorandum, the candidates creamy layer status is determined based on the income of his/her parents only and not based on his own income. Can you please help me on this? Am I eligible or am I not? I Thank you in advance
Asked 8 years ago in Civil Law
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14 Answers
Your parents income and their status in the Government Job be consider for NCL and not your income.
Income and status of your parents is to be seen .
You can take copy of memorandum to taltati or can go.diectly.to tehsildar and give letter regarding same he will direct.the talati to issue the said certificate.
Yes he is right u r not eligible for obc
1) YOUR INCOME/STATUS DOES NOT MATTER. Creamy layer is based on the status of your parents and has nothing to do with your income/status nor the status/income of your spouse.
2) Eligibility regarding government employee is based upon his level, and not his salary.
Local Talathi is idiot,
Non creamy layer status is judge by income status of Parents not of child self earned income.
Ur income will considered while checking status of ur child.
Show him office memorandum.
1. If you go by your logic then all OBC candidates whose parents have demised, will get NCL certificate all through their lives.
2.In the instant case the candidates own income also is considered for deciding about NCL.
3. So, you are not eligible to get NCL certificate.
Yes, you are as you have very well stated the above rule, and that is in your favour.
Now, if they want to deny that then ask them to amend the same act or if needed take them to the high court.
You're correct.
An individual candidate's income is not required to be clubbed with the income of his/her parents for the purpose of determining his/her "creamy layer".
What was the grade of Post from which your parents retired?
There is supreme court decision which says that individual income cannot be considered. To determine creamy layer parents income is taken into consideration. As such provide the Same judgment to concerned talathi.
Dear friend,
Literally you are not eligible and you have other methods to obtain the same. Find out other methods.
The relaevant information and link is as follows.
OBC creamy layer income limit raised to ₹8 lakh per annum
In 1993, the limit was kept at ₹1 lakh. It was raised thrice — to ₹2.5 lakh in 2004, ₹4.5 lakh in 2008 and ₹6 lakh in 2013.
The ‘creamy layer’ ceiling for OBC reservation has been raised to ₹8 lakh per year, according to an official order issued on Wednesday.
“It has now been decided to raise the income limit from ₹6 lakh to ₹8 lakh per annum for determining the creamy layer among the Other Backward Classes,” the order issued by the Department of Personnel and Training (DoPT) said.
In 1993, the limit was kept at ₹1 lakh. It was raised thrice — to ₹2.5 lakh in 2004, ₹4.5 lakh in 2008 and ₹6 lakh in 2013.
http://www.thehindu.com/news/national/obc-creamy-layer-income-limit-raised-to-8-lakh-per-annum/article19677545.ece
The information provided by the Talati is incorrect
Your parents income and status alone will be the criteria to decide about your NCL category certificate.
your will not be eligible for the non-creamy layer certificate
No you are not eligible. The upper limit for non creamy layer is 8 lakhs per annum. Above 8 lakhs it's creamy layer.
