1) your husband income is immaterial
2) since your father is retired govt officer his pension is immaterial
3) if your mother is teacher in govt school her salary would not be considered
4) you should be entitled to OBC NL certificate
How is OBC quota decided for UPSC?
Hello, I am a 31 year old married woman. My caste comes under obc category and my husband's in general category. Our combined income is more than 15 lakhs. My father is a retired govt officer drawing a pension around 5 lakhs. My mother is a teacher drawing a salary of around 7 lakhs. She is going to be retired in January 2022 and will draw a pension of around 4 lakhs. Am I eligible for obc quota?
Asked 5 years ago in Constitutional Law
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5 Answers
Dear ma'am,
Please note that the Central Government of India maintains a list of castes/communities to be considered as OBC . Firstly confirm that your caste name is mentioned on this website-
http://www.ncbc.nic.in/User_Panel/CentralListStateView.aspx
Not all OBCs receive this benefit. Only if you belong to Non-Creamy Layer OBC, you will get the reservation in jobs as well as in educational institutions. If you fall under the Creamy Layer of OBC, you will not get the benefit of OBC reservation.
To qualify as non- creamy layer, your parents income income is taken into consideration. Your, i.e. the candidate's income is not considered.
Firstly, it depends on which group of Services was he employed in. If he belonged to Group A or Group B services before the age of 40, then you are not eligible for OBC quota irrespective of annual income.
However, if this is not the case, then the annual income of your parents comes into picture. Even though the upper limit is 8 Lac per annum, it should be noted that this is exclusive of salary or agricultural land. This suggests if income from other sources other than the salary and agriculture exceeds the income limit, then only the candidates shall be treated as Creamy Layer.
In your case, you are eligible for the OBC quota as long as your father did not work in Group A or Group B service. You can apply for Non-Creamy Layer Certificate issued by the Tahsildar of the concerned State Government. The procedure for obtaining the Non-Creamy Layer Certificate may differ from State to State. Thank you.
The eligibility for OBC reservation/ quota for you shall always be on the basis of your parents status and not on the basis of your income or your husband's status.
If your father was a government officer and if he was promoted to Group A or class I officer before the age of 40 years, then you are not eligible for reservation under OVBC non creamy layer, but you will be eligible for reservation under OBC alone.
The salary income of the government officers or teachers shall not be taken into consideration for computing the annual income of the family to consider the reservation for OBC under non creamy layer.
you are not eligible for obc
- As per the Supreme Court, A person's caste is unalterable and can't change after marriage,
- Since, your caste comes under obc category , then it will remain the same even your husband comes under general category .
- Further , for getting OBC certificate , your parents income will not considered , and your family income will be considered only i.e. yours if any including your husband.
