• Criteria for OBC NLC

Hello sir, 
This year i gave neet 2018 and i have been alloted mbbs seat in my state college through obc state quota. I have obc nlc certificate and that had been verified at the verification centre. But my father is class1 government officer as if now. Earlier this year, he was class 2 officer with annual income above 8 lakhs (no other way of income). In February this year he was promoted to class 1.
My mother is a housewife and we don't have other source of income and my father age is above 45years. 
So my query is, am i still elligible to take admission in the alloted college through obc category. 
If i take admission will it create problem in near future as college is asking to declare their father's monthly income in a affidevit from every students.
Asked 6 years ago in Constitutional Law

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7 Answers

Your father income is immaterial as he is a govt employee

2) only Statius is considered not income

3) you would be eligible for OBC NL certificate as your father was promoted to class 1 officer after age of 40

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

As per 7th pay commision recommendation the Non-creamy OBC certificate validity is one financial year . This is how it is calcuated,

(a) Every candidate seeking reservation in central government posts and services as OBC candidate is required to submit a certificate confirming his/her status as OBC and also produce Non-creamy layer status issued by an authority mentioned in DOPT Office Memorandum No.36012/22/93-Est(SCT) dated 15.11.1993.

(b) The Non-creamy Layer Certificate would be applicable to OBC candidates who are covered under Income/Wealth Test criterion. The income limit is decided on the basis of income earned during three previous financial yearspreceding the year of appointment. To illustrate, the validity of non-creamy layer certificate issued during any month of the financial year 2016-17 covering 3 preceding financial years viz. 2013-14, 2014-15 and 2015-16 be accepted by the concerned authorities for any appointments or recruitments which would be valid during the period April 2016 to March 2017 ( which is that particular financial year)

I would like to add some points:

(i) If Non-creamy certificate required for getting appointed into State Gov or Central Gov. both has different format and validity therefore one need to apply different application for acquiring respective certificate.

(ii) Generally the validity of NCL for Central Gov. is 1 year.

(iii) Whereas Validity of NCL for State Gov. is 3 years

Regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes you are still eligible for OBC NCL as your father is promoted after 40 year of age to class I so that satisfies the criteria there shall be no problem as the obc NCL of the government employees is based on the post criteria not the annual salary income if no separate income is there.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You are not eligible to be considered as a candidate under the category of OBC NCL.

2. Do not give any false statement under affidavit since in that case, your degree allotted by your college might be cancelled by the authority in case your said false affidavit comes to light and reported to the authority.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

As your total family income per annum is more than 8 lakhs you are not eligible for OBC NCL status

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

You are eligible to obtain OBC NCL Category certificate if your father was promoted to class I post after the age of 40 years.

The salary of government employees are not considered for computing family's annual income for the purpose.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

At what age your father was promoted to class-I from class-II?

It is important that you inform us of his age at the time he was promoted to class-I.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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