• OBC certificate non-creamy layer

Hi Sir
I am working in a public sector and having annual income above Rs. 8 Lakh.
Now i want to apply for OBC Non creamy layer. My parents are unemployed and their salary is Nil. Am I eligible for OBC Certificate Non Creamy layer. please clarify?
Asked 4 years ago in Civil Law

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Yes you shall be eligible for the obc ncl certificate as supreme court has clarified that while computing income.for purpose of obc ncl the income of parents shall be considered not of.the individual himself.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your income or employment status is not a criteria to determine the status for OBC NCL category certificate.

Your parents income and their employment or economic status only will decide their category.

With the given information it appears that you belong to which category.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

The Supreme Court has held that an individual candidate's income was not required to be clubbed with the income of the parents for the purpose of determining "creamy layer" to exclude a person of backward class from the benefits of reservation.

Referring to the Centre's Office Memorandum of 1993 on the issue and judgements of the apex court, a bench comprising justices J S Khehar and Arun Mishra set aside the decision of the Punjab and Haryana High Court which took consideration of the income of the candidate, a chartered accountant, to declare that the family belonged to the "creamy layer".

"The aforesaid determination was rendered by reading down the policy instructions issued by the state government, on the basis whereof, the backwardness of a candidate had to be adjudged.The aforesaid policy instructions were read down, to include the income of the person concerned, along with the income of the parents of the person, contemplated by the policy instructions," the bench said.

It is not possible for us to accept, that the individual's own income could have been taken into consideration," the bench said after analysing the Centre's office memorandum of September 8, 1993 issued by the Ministry of Personnel, Public Grievances & Pension (Department of Personnel & Training).

The apex court noted that even with reference to category IV, which includes professional's (like CA), the income of the professional, has not been included.

Thus viewed, we are satisfied, that on the plain reading of category VI of the office memorandum of September 8, 1993, that it was not the income of the individual concerned, but that of his parents, that would determine whether he would fall within the creamy layer or not," the bench said.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You are entitled for OBC NL certificate

2) your income is not considered for issue of OBC NL certificate

3) it is your parents income or status considered for issue of OBC NL certificate

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

You are entitled for issue of OBC NL certificate as your income is not considered

Only your parents income is considered for last 3 years

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1) You are entitled for OBC Non creamy layer certificate as your parents income are nil.

2) To obtain OBC Non Creamy Layer Certificate parents income are treated and not yours.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Firslty, Sir, for determining the PBC non creamy layer status, the income of the parents are considered not the applicant’s.

Secondly, in that case, after including the income of both the parents should not be more than 8 Lacs per annum.

Thirdly, you should go and apply for the same with all the relevant documents.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear,

Only your father's salary is countable in the process of determining that you are in

OBC creamy layer or not. In your case your parent's are unemployed and their

income is nil. So it means you are in non creamy layer OBC.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

You are OBC NC, Income of Parent`s considered to examine Status of Creamy - non creamy, not self income.

Even if you earn 80 lacs, no matter, self income has no effect on non creamy status.

https://economictimes.indiatimes.com/news/politics-and-nation/only-parents-income-be-considered-for-deciding-creamy-layersc/articleshow/44804329.cms

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Your income is above the prescribed limit of Rs.8 lakhs per year.

2. So, you belong to OBC Creamy Layer Category

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

You are not eligible to apply as a candidate belonging to OBC NCL category for reasons explained in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Yes, you are under non creamy layer it depends upon your parents status not on candidate status . If your parents income is nil then you will be under non creamy layer

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

The OBC NCL category certificate is issued on the basis of your parents economic status and not on your status.

If your parents income is not exceeding8 lacs then you are eligible for OBC NCL Category.

T Kalaiselvan
Advocate, Vellore
78133 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