Hi My father works in a PSB. He is right now a scale-II officer. However, he joined the bank as a "Clerk" and was promoted to Scale-I at the age of 43 years. He was later promoted to Scale-II at the age of 52 years. My mother is housewife. NOTE: The "salary" of my father for the last 3 years has been more than 8 lakhs. Also, income from other sources is less than 8 lakhs. MY QUERY :- 1. Can I take benefit of OBC-Non creamy layer reservation in government Institution like IIM ? 2. If YES then the IIM authorities collect ITR of parents when giving admission to verify NCL status. All they check is the income. I think that my admission may get cancelled as the income is more than 8 lakhs. Is there a solution for this ?
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OBC Creamy layer—-Who has yearly income more than 8 lakhs or Government Employees of greater than class 3 are not eligible for OBC Quota.
OBC Non-Creamy layer—– Who has a yearly income below 8 lakhs or Government Employees of Class 3 or below class 3 officers are eligible for OBC Quota.
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
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
EQUIVALENT POSTS FOR OBC CREAMY LAYER.. PLEASE VISIT FOLLOWING LINK CAREFULLY
http://www.ncbc.nic.in/Writereaddata/Supplementary%20Creamy%20Layer%20Report%20241115%20final%20at%20430PM%20Corrected%20by%[deleted]%20page%20no156
You can take benefit of non creamy layer certificate as father joined as clerk and promoted to scale 1 at age of 43 years
2) The salary of a public sector undertaking employee should not be taken into account while deciding whether his children are ruled out of OBC reservation by the creamy layer clause, Madras High Court has ruled,
Hi Ajay sir Thank you for your reply. With regard to the query 2 of my question, How do I convince the IIM authority of my status of NCL as they only look for income(which should be less than 8 lakhs according to them). I fear that my candidature can get cancelled.
Enclose copy of madras HC judgment wherein it is held salaries are not to be taken into account of PSU employees
As per the rules you come within the onc ncl category and hence are not entitled to benefits.
If you make a false statement then your admission will get cancelled.
Regards
I am sorry but you cannot get benefits unless you are willing to give a false statement.
No. You comes under creamy layer.
Yes you are eligible for ncl facility.
Hello,
You can declare the same through a notarized affidavit and file the same in the respective department
Regards
Since your father was recruited as clerk and he was promoted to class I Office after 40 years of age, you are eligible o the reservation under OBC NCL category even though your father belong to PSB bank.
Thus in my opinion, your father's salary income may not be considered for computation of annual income of family because under this category i.e., joined as clerk and got promoted to class I after 40 years of age, he may not fall under the creamy layer category.
The OBC NCL certificate shall be issued by the concerned revenue officer/Tehsildar hence IIM has nothing to do with your income criteria.
It is to the satisfaction of the competent authority to issue he said certificate and this authority cannot be questioned by IIM or any body.
Hence you approach the Tehsildar for the said certificate and get the same, produce the same before IIM, let them raise anby objection, you can take it up legally by filing a writ petition agaisnt the IIM authorities before high court for relief and remedy