• Caste certificate

My father is a state government employed doctor. He was promoted to class1 officer after the age of 40. His salary is more than 8lacs. We don't have any other income apart from his salary. Am I eligible for NC obc certificate because he belongs to NC obc?
Asked 4 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

You are eligible fir OBC NL certificate as your father was promoted to class 1 officer after age of 40 years

2) your father status is considered and not income

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear client, you are not able to get non creamy layer certificate.Because your father's income is more than 6 lakhs per annum. For non creamy layer certificate, the income should be below 6 lakhs in a year.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

1) You will be treated as Creamy Layer. As per Schedule IV and VI clauses for professional Income of parent.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

If your father was promoted after age of 40 years then you can apply for NCL certificate.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

Your father income from salary is immaterial

Your father status is to be considered

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If your family income is more than 8 lakhs then you can't avail non creamy layer status

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

1. Your caste should be listed under central OBC list.

2. Generally, combined family income of mother and father and whole family (like rent and agriculture etc) should be less than 8 lakhs per annum. If the income is more than that you go under creamy layer.

3. If your parents are govt employees, they should not be class 1.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Yes your eligible for Obc NCl as of firstly your father is promoted to class I after age of 40, secondly the salary is immaterial in case of government employees for NCL status.

The circular is about that if your father is a salaried person and he has other source of income such rent from house property, or business profit than it should be not more than 8 lakhs other than salary and agriculture to be in Non creamy layer. It is income other than salary.

So in your case only salary so you will get benefit of NCL status.

Example: As if your father has salary and receives rent more than 8 lakh from any property than your not eligible but only salary and agriculture income you are eligible.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since your father was promoted to class I officer after the age of 40 years, he is eligible for getting a certificate for NCL-OBC.

You can avail the concession available in this regard.

For Central government job or education institute, Income criteria is 8 lacs p.a but this include income other than government salary and income through agricultural land.

Reservation is based on status of your parent not on income.income is just a factor to quantify status.And your(candidate’s) own Income does not matter at all.

a person is stated to belong to creamy layer if 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. Since your father was promoted after the age of 40 years, you are very much eligible to get a certificate for OBC-NCL category.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

But for a govt employee it's on category basis and not income basis. And as per the circular it says the income should be other than salary and agriculture. What about that?

Reservation is based on status of your parent not on income.income is just a factor to quantify status.And your(candidate’s) own Income does not matter at all.

The creamy layer status of a candidate is determined on the basis f the status of his parents and not on the basis of his own status or income or on the basis of status of income of his/her spouse

Eligibility regarding a government servants is only based on the level he/she is in, but not by the salary they earn.

Rs. 8 lakhs criteria will be applied only to business people but not to salaried people even if he/she is a salaried employee in the government/PSU/private organizations.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

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