For government servants status is considered and not income
2) since your father is group C employee you would fall under non creamy layer
3) your father income is immaterial
4) file writ petition in HC against decision of tehsildar
Regarding crramy layer criteria for children of government servants
Sir , My father is a group C government employee in Karnataka . His income is above 8 lakhs , so i am denied obc ncl certificate by the tahsildar , i understand that for government servants below group b directly come under ncl category ,is there anything i can do to get obc certificate ?
Asked 6 years ago in Constitutional Law
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11 Answers
Thank you Sir , I have filed writ petition in HC ,but the HC says it is considering only income criteria ,it says there is no document by Karnataka government which says that group C employees fall under ncl criteria .I have no document to submit about this provision. Kindly help.
Asked 6 years ago
See apply before the SDM if the tehsil dar rejected it along with the class of your father and supporting documents if he fails to issue certificate or.direct tehsil dar file writ before high court.
Sir I think you are confusing in state obc of karnataka and the central obc rules if in state obc reservation of karnataka only income is criteria then you cannot get the certificate.
If for state govt employees there is no such provision then you would not be entitled to benefit of non creamy layer certificate
There is never a income criteria for obc ncl it's just a provision made. Even more than 8 lakhs can take the benefit. You need to produce the same. You will get the said provision from government website of national commission of backward classes for the same.
Has the High Court decided the writ petition finally or is it still pending
I do not think so that there is any document to support your claim. However you may get in touch with the local lawyer and see you there are some local laws to this
The Tahsildar is not knowing the rules in this regard.
If your father is a government employee then his salary income is not taken into consideration for computing the annual income of the family.
You may ask the tahsildar to give his refusal in writing after which you can prefer an appeal before the District collector for relief.
What was the decision by high court in the writ petition?
The NCL rules will be found in the national backward community commission website.
You can download the same and produce it before high court because it is applicable for entire country and not particularly for Karnataka state.
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
There are two criteria for OBC NCl certificate
One the parents should be below group B govt servant
Second is that the income should be below 8 lakhs per annum.
So as per income of your father you are not eligible of NCL certificate.
