• Applying in OBC certificate non-creamy layer

I am a MBBS student studying in China. Now I'm in the need of applying obc certificate. My mother is working as a government school teacher. Her pay particulars are as follows 
Before Sep 2017 - Gross amount=59289.
From Oct 2017- Gross amount = 73375. Can I have the eligibility to apply in obc non creamy layer ? Thankyou.
Asked 6 years ago in Constitutional Law

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16 Answers

Yes income wise you will be eligible to get the reservation.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Since you mother is a government employee, it is not her salary which will determine your NCL OBC status, but her status/class in service.

Please inform me as to in what class/grade your mother is working?

Vibhanshu Srivastava
Advocate, Lucknow
9622 Answers
303 Consultations

5.0 on 5.0

If you mother is a salaried goverment employee then tje criteria for deciding NCL will be her grade not salary..

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) As per rule you are eligible for year 2017-18. Means 01st April 2017 to 31st March 2018. But from 2018-19 onwards not. See rule below.

Son(s) daughter(s),(a) Persons having a gross annual income of Rs. 8 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Act for a period of three consecutive years.

If you have already applied for the year 2017-2018 for non creamy layer certificate than you are eligible till 2018-19 and 2019-20.

But If you are applying for NCL certificate from current year 2018-19 than you are not eligible.

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

Your eligibility for OBC NL certificate in case your parents are govt servants is determined by status of parents and not their income

You would be eligible for OBC NL status

Ajay Sethi
Advocate, Mumbai
94902 Answers
7570 Consultations

5.0 on 5.0

Hi,

As per the guidelines issued from Govt, you may not be under OBC non creamy layer.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You donot need to show anything you just need to provide requisite documents and you will get your certificate.

Documents for non Creamy Layer Certificate:

Proof of Identity: Passport/Ration Card/Aadhar Card/ Voter ID Card

Proof of Address: Passport/Ration Card/Aadhar Card/Electricity Bill/Voter ID Card/Water Bill/Driving License

Mandatory Documents: Income proof/Affidavit for caste/Proof of caste for self

Other Documents: Proof of caste of a relative/ Property tax receipt/If applicant migrated from other state or district, then caste certificate of applicant’s father issued by competent authority in that state or district

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) you have to show your father's School Leaving Certificate or Caste Certificate where the case is mentioned on that basis you have to apply so you will get OBC certificate after full filling application details

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

Your mother appointment letter would specify that she belongs to which grade

You can produce proof that mother was employed as govt school teacher and hence income criteria would not be applicable in her case

Ajay Sethi
Advocate, Mumbai
94902 Answers
7570 Consultations

5.0 on 5.0

Hi, you may get the certificate of OBC Non- creamy layer. You are further suggested not to temper any record and hide anything from authorities otherwise, it may lead to problems later. For your ready reference I am sending extract of one Judgment of High Court.

"In a significant order, the Bombay High Court has ordered a medical student to pay Rs.10 lakh to the State Government as she submitted a false Non-Creamy Layer Certificate to secure admission in the OBC quota. This, the Court said would “recompens...

Read more at: http://www.livelaw.in/bombay-hc-orders-medical-student-got-obc-reservation-fake-non-creamy-layer-certificate-pay-rs-10-lakh-state-read-judgment"

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear Friend,

You can get prescribed formats for applying such certificates. You must apply enclosing copy of salary certificate of your mother. Your friend can do it in India if you are residing in abroad.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Client,

Mother salary slip is all needed to apply for NC OBC.

Mother income is less than 8 lacs, so status of non creamy

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

The salary income of government employees are not taken into consideration for issuing OBC NCL certificate.

Their status i.e., if they become Group a or class I officer at or before the age of 40 years then they may be come under creamy layer.

You will come under non creamy layer.

T Kalaiselvan
Advocate, Vellore
85103 Answers
2213 Consultations

5.0 on 5.0

Satisfied with ur reply sir regarding obc non creamy layer . How can i show the proof (like any official statement)to tashildar or to the respective officers to get my obc certificate.

Your mother's occupation as a government teacher is sufficient to prove that you are coming under OBC non creamy layer.

The Tahsildars are knowing the rules in this regard, in case the Tahsildar is refusing to issue the desire certificate you may make a representation to the District collector, which will be the remedial measure.

T Kalaiselvan
Advocate, Vellore
85103 Answers
2213 Consultations

5.0 on 5.0

He will ask for the income-certificate.

Vibhanshu Srivastava
Advocate, Lucknow
9622 Answers
303 Consultations

5.0 on 5.0

Show them the income certificate of your mother.

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

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