• Question regarding OBC NCL certificate

Hi Sir,
My Father and Mother are Grade 3 govt teachers(non gazette) in state government. Both their annual salary income is greater than 8 Lakhs, however other than the salary income, we don't have any other source of income.
So Am I eligible to get OBC Non creamy layer Certificate? If so could you please explain me on what basis i can get the certificate ?
Asked 4 years ago in Civil Law

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7 Answers

The salary of government servant is not considered for deciding creamy layer, however the status of the government servant is a deciding factor for creamy layer. Sons and daughters of Class 3or Grade 3 are under non  Creamy Layer

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Since your parents are government employees their salary income shall not be taken into account for computing annual income of the family hence you can ignore that issue.Further since both are not coming under the Group A or class I category, they do not fall under the creamy layer.

Hence their wards are eligible for reservation under OBC NCL category quota.

You can obtain the NCL certificate from the revenue department and apply for the desired post under the said category availing the benefits of reservation available for this category.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Salary and agricultural income are not to be considered as income for calculating annual income for creamy layer status.

Eligibility:

  • If your parents are not directly recruited Class1 (Group A) or Class2 (GroupB) officers OR they do not occupy any constitutional posts (like that of President, Vice President, Governor etc) you are most likely to fall under Non-Creamy Layer OBC.
  • If your parents are not employed by the government, their income should be within the limits by the government to be treated as Non-Creamy Layer OBC.

Usually, the Non-Creamy Layer Certificate is issued by the Tahsildar of the concerned State Government. The procedure for obtaining the Non-Creamy Layer Certificate may differ from State to State.

Income” here refers only to the income of the parents and not the candidate’s income.

The creamy layer status of a candidate is determined on the basis of the status of his/her parents and not on the basis of his/her own status or income or that of his/her spouse (husband or wife). Therefore, while determining the creamy layer status of a person, the status or the income of the candidate himself or of his/her spouse (husband or wife) shall not be taken into account.

In short, the candidate’s income is not considered for determining the Non-Creamy Layer Status of OBCs.

  • With regarding parents under Government employment, the status of the job (Group A/B/C/D) is more important than the salary. If your parents are earning more than 8 lakhs but their rank is below that of group B officers, you will still come under the Non-Creamy Layer.
  • However, regarding parents under private employment or private business, annual income is the main criterion. Nevertheless, salary and income from other sources should be considered separately.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- The OBC Non creamy layer for the child of government employee is decided on two factors: By post or by class

  1. If anyone of, father or mother is direct recruited class 1 servants then their children won't be eligible for NCL. But if he/she is promoted to class 1 then the kids will be eligible
  2. If both of the parents are class 2 then their kids won't be eligible for OBC quota but if only one of them is then the kids would be off from creamy layer and they can avail benefits of quota
  3. If father was recruited direct to class 2 positions and then prompted to class 1 before age of 40 than it would be no longer NCL. However this scenario only applies to father not the mother

- The government servants who don’t fall under this category are all non-creamy layer.

- Government Employees of Class 3 or below class 3 officers are eligible for OBC Quota., and the salary/ income of the government employees are not to be taken into consideration for considering the OBC NCL category certificate.

- Since your parents are working under Grade 3 , then you are eligible to get non-creamy OBC Certificate.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Your parents were working as class 3 govt teachers 

 

On this ground you are entitled for non creamy layer certificate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir/Ma'am, 

1. the certificate of non - creamy layer is based on the status of government servant of your parents. 

2. your parents being grade 3 govt. teachers do not come under Group A / Class I category. 

3. they are eligible for OBC Quota and do not come under the creamy layer. 

4. therefore you are eligible for reservation under OBC NCL Certificate.

5. you will get the same from the revenue department. 

Thank You

  • For further assistance, you can book a consultation with me. 
  •  

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Dear Sir

 Incase of state government servant their individual salaries will be taken into consideration and not position as such you may not eligible for such certificate.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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