• Regarding OBC certificate for Karnataka state government employee

Sir, I’m a state government employee and Group-B officer working for Government of Karnataka as lecturer since from 5 years having an annual income of 8 lac and my parents are agriculturist and there annual income is less than 3 lac. since I’m planning to do my Higher Education. can I get OBC Non creamy layer certificate ??
Tahshildhar in my Taluk refused to give OBC certificate since I’m a government employee and Group-B offficer having an annual income of 8 lac and he said I belong to creamy layer because my parents income and my income is more than 8 lac as clubbed together. Please give me a solution for this what law exactly says. I am not included in fathers ration card. My questions are
1) Am I eligible to get non creamy layer certificate.
2) Whose income is considered for non creamy layer certificate.
3) Whether government servants salary is considered for non creamy layer certificate.
Thanking you .
Asked 4 years ago in Constitutional Law

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12 Answers

1. Yes you are eligible there is supreme court decision which clearly states that the income of the applicant cannot be clubbed together with parents for purpose of OBC NCL only parents income has to be considered.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.

"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).

"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 while allowing the appeal of a candidate

2. Parents income

3. No post is relevant that is also of parents for government servant salary is not relevant.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firstly, the tehsildar needs to be tought the law as whatever he said is incorrect.

Secondly, for getting the NCL certificate income of both parents can only be clubbed together not the person who is claiming for the same.

Thirdly, you can file a Writ of Mandamus in the High Court for seeking answers to him as why you should not be granted the same.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

hello

The limit of annual income of Rs. 6.00 lakhs has been raised to Rs. 8.00 lakhs for determining the creamy layer among Other Backward Classes (OBCs) candidates in the centrally funded technical education institutes. your income will be considered for determining the OBC NCL category, yes, govt servants salary is considered for OBC-NCL.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1. Yes. You are eligible for OBC NCL certificate as the parents income needs to be considered in this regard only.

2. Your parent's income would be considered for OBC NCL certificate.

3. If the parents are govt servents, then yes.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You are eligible forcissue of OBC NL

2) certificate is based on patents income

3) your income and status is not considered for issue of OBC certificate

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

The eligibility criteria for OBC non creamy layer is solely based on parent income

OBC Non certificate by income status of parents that also excluding agriculture income. It`s Union of India Notification and same ruled by Hon`ble Supreme Court.

Tehsildaar is idiot, Assail his order before collector.

Yes.

Parents.

No. Only to examine his/her children status not his.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Generally the law states that if total family annual income exceeds 8 lakhs then you are not eligible for the obc NCL status

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

1) not necessary that you have to study in rural area to get OBC NL certificate

2) not necessary that he has to reside in rural area

3) you are eligible

4) ration card is not mandatory

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Show him judgement of Supreme Court and still not shaken, tell him to file contempt for ignoring judgement of Supreme Court.

NO.

NO,

NO,

Just to prove parent hood, but that can be proved by birth certificate or other ID which shows both parents name.

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. No it is not mandatory, ask tehsildar to point out the specific law on basis of what he is refusing in written,

2. No it is not.

3. Yes he is eligible for obc NCL.

4. Ration card can be asked but other documents can be given instead for non availability of Rasan Card.

5. http://www.ncbc.nic.in/Writereaddata/dopteng.pdf

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If your annual family (Definition of family-father, mother & minor children below 18 years) income (excluding government salary and agricultural income) is more that Rs. 8 lakhs in all the last three years every year, you are creamy layer. It means that if this annual income is less then Rs. 8 lakhs for any one of the three years you are a non-creamy layer.

The creamy layer status of a candidate is determinded 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

Therefore while dtermining the creamylayer status of a person, the status or the income of the candidate himself or of his/her spouse shall not be taken into account

The creamy layer status of a candidate is determinded 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

Therefore the status or the income of the candidate himself or of his/her spouse shall not be taken into account.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. It is not necessary that you should belong to rural sector for availing this privilege, the Tahsildar is wrong in rejecting this on that basis.

2. No, this is a wrong information and unheard in the provisions of law governing this situation.\

\

3. yes.

4. Not necessary.

5. This certificate is to be produced by “non-creamy” OBCs applying against reserved vacancies for appointment to posts/admission to central educational institutions (CEIs), under the Government of India.

The authorities competent to issue the OBC “Non-Creamy Layer” certificate are indicated below:

(i) District Magistrate / Additional Magistrate / Collector / Deputy Commissioner / Additional Deputy Commissioner / Deputy Collector / Ist Class Stipendiary Magistrate / Sub-Divisional magistrate / Taluka Magistrate / Executive Magistrate / Extra Assistant Commissioner (not below the rank of Ist Class Stipendiary Magistrate).

(ii) Chief Presidency Magistrate / Additional Chief Presidency Magistrate / Presidency Magistrate.

(iii) Revenue Officer not below the rank of Tahsildar and

(iv) Sub-Divisional Officer of the area where the candidate and/or his family resides.

If the Tahsildar is not cooperating or entertaining the application you may make a representation before the District Collector with your grievances seeking his intervention and remedy for this.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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