• Am I eligible for OBC non-creamy layer reservation?

My Father Works in Tata Steel and Mother as a teacher in Jharkhand Government(Primary Section).Our Annual Income Is 16 lakhs rupees. Am I eligible for OBC Non Creamy Layer Reservation ?
Asked 4 years ago in Civil Law

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11 Answers

What is your father income ?

2)since your mother is govt employee her salary is not considered

3) I presume your mother is not class 1 employee .

4) if father income is more than Rs 8 lakhs per annum you would fall under OBC CL and not entitled to reservation

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1) your father's income should not more than 8 lakhs rupees for 3 consecutive years. than you will be eligible for OBC NCL certificate otherwise not.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Sir Since the family income is more then 8 lakh and father is private sector employee and receiving amount more then 8 lakh you wont get benefit of obc NCl.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sorry sir, as per the law you can’t be said to be a part of OBC Non Creamy Layer as even after the new amendment the pay must not be more than 8 lakhs. And yours is more than that.

And it talks about the maximum limit of 8 lakhs after adding of both the parents.

So you may not be getting it for now.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Since the salary of your parents exceed 8 lakh you are not eligible for OBC Non Creamy Layer . You will fall under creamy layer.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

If the salary of your father is more than Rs. 8 lakhs, then you'll fall under OBC CL category.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

No

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Dear Sir,

Technically you are not eligible as the outer limit is Rs.8 lakhs per year. You may contact me for other alternatives. The law is as follows

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Dear Sir,

Income of your parents only will be calculated. Thus you can get the certificate.

The government will consider the parents’ status to determine “creamy layer” instead of status of the candidate applying for the job. In case of women candidates, too, the parents’ status will be considered and not the husband’s status.

Validity period

http://document.ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36036_2_2013-Estt.Res-I-31032016.pdf

Please note that there is no validity period of OBC-NC Certificates.

The Department of Personnel & Training, clarified its position Govt. of India vide OM No. 36033/4/97-Estt.(Res.) dt. 25th July 2003.

It is only a misconception that there is a validity period of OBC-NC Certificate.

Thus OBC-NC Certificate is absolutely valid even if issued for more than 3 years ago but with a self - declaration given by the Candidate as per the format mentioned in the OM.

Find the link to the DoPT OM:

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36033_4_97_01April2005.htm

How do I calculate the gross income of my parents (who are government employees) to determine whether I belong to non-creamy layer or not in order to get the OBC reservation?

According to Para 10 of No. 36033/5/2004 - Estt. (Res.) which is a clarification issues to all state chief secretaries regarding clarification on OBC Creamy layer, income from Salaries and Agriculture should not be considered for calculating the gross income. Only the income apart from salaries and agriculture are to be considered.

The para 9 & 10 states as follow:

9. Creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-a-vis posts in Government has not• been evaluated is determined as follows:

Income of the parents from the salaries and from the other sources [ other than salaries and agricultural land] is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources __ [ other than salari"es and agricultural land] exceeds the limit of Rs.8 lakh per annum for a period of three consecutive years, the •sons and daughters of such persons shall be treated to fall in creamy layer. But the sons and daughters of parents whose• income from salaries is less than Rs. 8 lakh per annum and income from other sources is also Jess than Rs.8 lakh per annum will not be treated as falling in creamy lay r even if the sum of the income from salaries and the income from the other sources is more than Rs.8 lakh per annum for a period of three consecutive years. It may be noted that income from agricultural land is not taken into account while applying the Test.

10. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs. '8 lakh per annum, income from agricultural land is more than Rs. 8 Jakh per annum> but income from other sources is less than Rs. 8 lakh per annum> the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.

________________________________________

So, if your parents do not belong to higher class jobs, if they have income less than 6 lakh(%% Got revised in 2013) from sources other than salaries and agriculture and their wealth is within the limit , then u are eligible for non creamy layer benefits

Misinterpretation

Most of the people in India misunderstand the concept of creamy layer. Following are some key points that usually misunderstood by the people.

1. The creamy layer category of the candidate will be decided based on the parent’s post/income but not by the candidate’s self post/income.

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

3. Rs. 450000 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.

4. Business people’s children will fall under the creamy layer only if they earn Rs. 450000 for a period of three consecutive years.[4]

Supreme Court of India

Union Of India vs Rakesh Kumar & Ors on 12 January, 2010

Author: K Balakrishnan

Bench: P. Sathasivam, J.M. Panchal

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE HURISDICTION

CIVIL APPEAL NOS. 484-491 OF 2006

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

No, income limit is 8 lacs.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Your mother's salary income shall not be taken into account for computing the annual income of the family.

What is the status of your father's employment?

If he is of the category of an Officer when compared to that of the equivalent post in the government or PSUs then his date of promotion etc to be seen, however if his income is more than the prescribed limit of annual income of the family then it may be difficult to obtain the desired certificate.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

No you are not eligible for the obc non creamy layer status. The family income must be less than 8 lakhs pa

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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