• Regarding OBC non-creamy layer eligibility

SIR, I applied for a post of Hostel warden in sept-2016 in KARNATAKA STATE. In that time my income is below 6 lakh and i am eligible for NON CREAMY LAYER RESERVATION in sept.- 2016..Me and my wife both are govt.employes.(group c post primary school teacher)..that income inclueds our both salary certificates.( but i take cast and income certificate by giving my salary certificate only. i didnot give my wife's salary certificate in 2016)..other than salary we dont have any income..Now In 2019 i am selected for that post in 3B-- Category. In 2019 our both salary income is above 8 lakh.. For validity certificate of CAST AND INCOME Tahasildar is telling that your income is exceeds 8 lakh. So you are coming under OBC CREAMY LAYER..Please suggest me, Can i eligible for OBC NON CREAMY LAYER? and what can i do for next?. suggest me for next procedure as per Karnataka state govt. rules. Which YEAR income should be consider for income to give OBC NON CREAMY LAYER VALITY CERTIFICATE, means year at the time of application (2016) or current year --2019 (job selection year)?
Asked 4 months ago in Constitutional Law from Ballari, Karnataka

Hello,

The income that was there on the date of the application will be considered, 

You place your certificate of 2016 at the time of selection and if you are not given the benefit then challenge the selection procedure before the HC. 

 

Regard 

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

NON creamy issues on the basis of parents income and not self earned income. Last three years shall be consider from present financial year. 

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

1) you are entitled to OBC NL certificate 

 

2) your income is immaterial since both are state govt employees and group c employees 

 

 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Dear client 

As combine Income of you and your spouse exceeds 8 lakh in current financial year then you will not be eligible for non creamy layer certificate. The Income status will be considered for the year of joining not for the year of applying the job. 

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

Hi,

As per law in vogue, your current income has to be taken into consideration and under present circumstances, you are under OBC creamy layer.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

The obvious creamy later computation of income exempt income from salaries and agriculture

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

Dear Sir,

Servants having income greater than 6 lakhs are still eligible for the OBC non creamy layer certificates. They simply say that if your annual income is greater than 6 lakhs, you are not eligible for OBC non creamy layer certificates.

Netravathi Kalaskar
Advocate, Bengaluru
3209 Answers
15 Consultations

5.0 on 5.0

 increase your family income from salary is more than 800000 rupees in last 3 years income tax then you will not be eligible for non creamy layer benefits of OBC and increased by force documentary take the benefit of OBC the matter maybe raised by any person who is aware of your position so it is better for you to reduce your income in any of the three years to qualify for the non creamy layer

Vimlesh Prasad Mishra
Advocate, Lucknow
5530 Answers
18 Consultations

4.9 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

You can challenge the order of thahisildar in court

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

Are you looking for certificate for you or your child as income of parents consider for status examination.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Dear Sir,

On cursory looking of your say, it seems you must approach KAT or HC. Please take necessary secondary opinion by showing all the relevant records.

Kishan Dutt Kalaskar
Advocate, Bangalore
4440 Answers
112 Consultations

5.0 on 5.0

The Tahsildar is incorrect in his opinion that you fall under creamy layer.

Since you and your wife are government employees, your salary income shall not be taken into consideration for computing the annual income of the family.

You are eligible for OBC NCL category reservation/concession.

If the Tahsildar is refusing to furnish the requisite certificate you may prefer an appeal before the district collector in this regard.

You will certainly get relief.

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

As far as the OBC NCL is concerned the salary income of the government employees are not taken into consideration for computing the annual income of the family.

The NCBC circular is very clear in this regard, hence you may approach district collector in this regard and get the relief, if you dont get the relief there also then you may appraoch high court wit a writ petition seeking direction to the Tahsildar to furnish the certificate to you.

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Your Income would be irrelevant while giving a certificate for OBC NCL for State Govt Employees.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

Creamy layer is based on the status of your parents.

For the jobs under the Central Government, if the parents of an applicant entered the service as Class I officer before the age 40 (direct recruitment), the applicant is considered as creamy layer.

Also, if both the parents of the candidates entered into service as class II officers, before the age 40 (direct recruitment), and entered into the service before the age of 40, the applicant is considered as creamy layer.

 

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your Tehsildar is not aware about the fact the income of the parents are taken into consideration for issuing OBC- NCL certificate, but not the couple itself.
  2. Your income would be the deciding factor for the eligibility of your child under the category of NCL.
  3. If the Tehsildar doesn’t listen to you then you should approach the court of law to get him well versed with the the law regarding the issue in hand.
  4. Rest, I would try to look for some case law for you which can help you out in this.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

If mostly sees last 3 years income 

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

You have to file writ petition in HC against Tehsildar failing to issue you OBC NL certificate 

 

Your  income  should  not be considered if you are class C employees 

 

rely upon madras HC judgment 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

last 3 years gross income is considered to determine eligibility for non creamy layer certificate 

 

2) no harm in giving salary details till April 2017 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Fro OBC NC certificate, your father income will consider and not of you and wife.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

As per rule for income consideration the income is considered for period from March to april of next year that is current financial year.

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

Yes you are absolutely non cream later

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

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