OBC NCL CLARIFICATION . (for taking admission in IIMs, however not applied under category yet to fill form) Hi everyone, My father is a E4 executive officer in govt PSU (CIL). Earning more than 8 lakhs. Though he was recruited as non- executive, worked in lower non excutive level for around 20yrs and promoted to excutive position after clearing departmental exam (without any reservation or so).When he was promoted he had crossed 40 yrs of age .As per govt ruling all executive officers will be considered as creamy layer therefore not eligible for reservation .Also as per the rule in central or state govt posts ,daughter or son of a husband (only male) who was recruited in B grad or lower grad and promoted to A grade at the age of 40 or more than that shall be considered as Non creamy layer .The law is silent for similar condition in PSU however it mentions that provisions applicable in govt and state posts will be mutatis mutandis (as similar as) applicable in case of PSUs too. Now my questions are - 1) Will I be Fall in non creamy layer? 2) How to prove this to IIM authorities ?(because if they ask for my fathers ITR obviously it will show more than 8 lakhs ) 3)My case is bit peculiar ,therefore how to make sure that I am moving in right step with respect to documentation to avoid further controversies ( because once I will fill form in OBC it will land me in trouble if any future controversies arises) Please help me ASAP .Any suggestion or help with legal case reference will be a great help. Thankyou .
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There is no discrimination between son and daughter. Only parents incomes considers for NCL status.
Your father income is crossing minimum income, you comes under creamy layer. Dont get confuse with govt rules and notifications.
IIM will not ask for income proof but only certificate issued by collector office. And if it found fake any time in future, you will lost all benefits and termination.
- Employees of PSU are not central government employees. They are governed by service regulations of their respective Company.
- Further, employees in Public Sector Undertakings, Banks, Insurance Organisations etc , who earn above 8 lakh per month are not eligible to get OBC-NCL certificate like a government employees.
- Hence, if fathers annual income is more than 8 lakh , then the son of the said employee , are not eligible to get a caste certificate of the non creamy layer.
1. No , as mentioned above
2. You are not entitled to get facilities of OBC NCL in IIM.
Sorry for answering NO.
Precedence and Law is very much clear about consideration of a candidate in OBC NCL category is of income of parents which must be lower than 8 lakhs.
At the time of admission you need to submit your caste certificate, ITR of your father preceding three years from the year you seek admission and your ID proof.
ITR of your father which is more than INR 8 lakhs per annum would go against you.
Therefore, Please do not waste time and go as per your natural category on merits and work hard with expectations to get selected on your own merits rather taking the help of OBC NCL.
1. Yes you will fall under NCL.
2. Show them the Copy of law stating that 40years age promotion clause.
3. Get the copies of notification attached with the form
1) you would fall under obc NL as your father was recruited in class 3 position and became class 1 after age of 40 years
2) OM dated 14 th October 2004 provides the criteria prescribed for determining creamy layer of son and daughters of govt servants shall apply equally to sons and daughters of PSU employees
3)equivalence of posts of PSU has been determined by OM dated 6 th December 2017
As your father was recruited in the non executive post and was promoted to the post of executive after the age of 40 years, the situation is equivalent to that of government employee, hence you would become eligible for OBC NCL category for availing the reservation.
The NCL certificate is given by the revenue department of the government, hence IIM authorities need not worry about your father's community status.
If they insist on the ITRs, there's nothing wrong in submitting it to them.
But they cannot reject your candidature for their wrong interpretation of law in this regard, you can drag them to court seeking relief and remedy to this.
Yes, you are.
1. No
2. Income is not only the category it's the designation.
3.you need to seek the certificate on basis of his designation
Dear Sir,
Under the present conditions, you don't fall under the NCL. However, you are suggested to submit all the required details of the father and if the authorities of IIM permits, get the benefits.
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.
1. Yes you will fall under non creamy layer certificate of OBC.
2. You can show employment record of your father that is record of promotion and grade of joining the job.
