• OBC reservation

My father was directly recruited to class 2 job in the central government. Then after 40 years of age he used departmental quota Age relaxation and got selected as class 1 by open competition examination conducted by UPSC. He became class 1, in the same department. Now he has retired from service.

Do I qualify as NCL for OBC reservation?
Asked 5 years ago in Labour

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10 Answers

I presume your mother is not working 

 

2) you would be entitled to OBC NL certificate as your father was selected to group A after age of 40 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Yes you can claim the same under ncl obc

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

No, you do not qualify.

i believe his income was more than the prescribed limit.

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

See his income tax return of the last three years if the income in returns has been shown above Rs.08 Lac per annum then no and if it is less then , then Yes.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

No you cannot take the benefits of the reservation as you are not covered in non creamy layer depending upon the family income which is exceeding rupees 8 lacs and your father's designation in the previous organisation


You are very quick in putting the rating as poor before considering the factors that is related to your father's position in the organisation there are other things other than the family income that is to be considered while deciding the non creamy layer. you considered as a non creamy layer candidate letter and it will be challenged and you may lose the job and benefit of this so please be careful before you go for the non creamy layer.

 

 please do not rate this answer

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

If your annual family income is upto 8 lakhs ,you are in obc non creamy layer and you can avail of the reservation benefits and if it is more than 8 lakhs then you are in obc creamy layer and you cannot avail of the obc reservation benefits

 

The Creamy Layer is used to Differentiate Socially economically developed Persons in a caste from those who are Deserving of Reservation and Empowerment. . It is only applicable to OBCs, SC and STs are exceptions to this differentiation. This is estimated using annual Income of a Family- Currently It is 6 lakhs, meaning if your family is earning 4 lakhs/annum and you belong to an OBC caste, you are eligible for reservation. But if your family has Income above 6 lakhs, then you are not Eligible for reservation. This allows the Benefits of reservation to seep through to the poor. 

 

There are two categories in OBC (1) Creamy layer and (2) Non Creamy layer.Parents of those candidates who own constitutional post,in Class -1 services and class-2 services(in this case mother & father both be in class-2) in central and state government and equivalent post in PSB,PSU,PS Insurance company etc, parents in defence services equivalent to Colonel and above are under Creamy layer and rest are under non Creamy layer irrespective of their income. Such candidates have not to go through income/wealth test under schedule -6 of circular at www.ncbc.nic.in. In other classes where professions are not categorised as class -1,2 as mentioned above ,for Creamy layer income should be more than 6 lakhs and for non Creamy layer it should be less than 6 lakhs.Such professions have to go through income/ wealth test as mentioned above. It is important to note that in classifieds classes of posts Creamy and non Creamy layer is not determined on the basis of income but on the basis of status of the parents.For ex. If a parent has income more than 6 lakhs but their status is below class 1,2,Colonel ,then they fall under non Creamy layer and deserve for reservation in jobs, educational institutions etc.The Creamy layer class is not entitled for reservations. *IMPORTANT*- On 23 rd August ,2017 the central govt has extended the limit up to 8 lakhs.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

NO, After availing age relaxation, HE will consider under privilege class.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 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
19299 Answers
32 Consultations

4.7 on 5.0

For eligibility under OBC NCL, the criteria is that the parent should not be a class I employee or should not have become a class I employee at the of 40 years or below even if he has jointed as class II employee.

Hence you are eligible for the privileges under this provision of law.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

No as your father was class 1 govt officer at time of retirement you does not qualify to get non creamy layer certificate of OBC category.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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