• Obtaining OBC - NCL certificate for an applicant whose parents are died

Please consider the situation and advise.:
1. An OBC certificate holder's mother died 30 years back.
2. His father died last year.
3. Both the parents were never employed (private/Govt.) or salaried. 
Now whose income certificate is to be produced for obtaining the NCL certificate?
(Presently the OBC certificate holder is employed as Class I officer, and he wants to apply for higher position using the OBC-NCL certificate)
Please guide.
Thanks in advance
Asked 7 months ago in Civil Law

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12 Answers

Father's income status during his lifetime will be considered to assess the eligibility of the candidate for OBC NCL category reservation

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

You have to produce your father income certificate during his life time for obtaining NCL certificate 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

An OBC-NCL certificate is a document that proves that a person belongs to the Other Backward Class (OBC) category and is not part of the creamy layer. The creamy layer refers to the relatively affluent and privileged section of the OBC, who are excluded from the benefits of reservation. The OBC-NCL certificate enables the holder to avail the benefits of reservation in education, employment, and other sectors.

To apply for an OBC-NCL certificate, one needs to meet certain eligibility criteria, such as:

  • The person must belong to a caste or community that is recognized as OBC by the central or state government.
  • The person’s parents must not be employed in Group A or Group B services of the central or state government, or hold any constitutional positions.
  • The person’s parents must not have an annual income of more than Rs. 8 lakh from all sources, excluding agricultural income.

In your case, since both your parents are deceased and were never employed or salaried, you need to produce your own income certificate to prove that you are not part of the creamy layer. You also need to produce your OBC certificate and other documents such as identity proof, address proof, birth certificate, etc.

To apply for an OBC-NCL certificate, you can follow these steps:

  • Go to the official website of the state social welfare department or portal where you reside.
  • Click on the link for applying for caste certificate and register yourself with your details.
  • Log in with your credentials and fill in the online application form with the required information and upload the scanned copies of the supporting documents.
  • Submit the application form and pay the fee if applicable.
  • You will receive an acknowledgement slip with a reference number that you can use to track the status of your application.
  • Once your application is verified and approved, you will receive your OBC-NCL certificate either online or offline.

You can also apply for an OBC-NCL certificate offline by visiting the nearest tehsil office, SDM office, or revenue office and submitting a written application along with the required documents.

 

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

He can apply the same on his own income but his income from salary will be exempted 

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

your income is immaterial for determining  non creamy layer 

 

2)income certificate should mention that father gross income was  x during last 3 years . 

 

3) 

the income of an individual  from all sources for issuing income certificate will be calculated as follows:

  • Income from salary:  
  • Income from business or profession: 
  • Income from pension: 
  • Income from daily wage/labour: 
  • Income from real estate: 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

- As per the Supreme Court , an individual candidate's income is not required to be clubbed with the income of the parents for the purpose of determining creamy layer to exclude a person of backward class from the benefits of reservation.

- Hence, your income will not considered for determining the obc-ncl certificate. 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

1. In my opinion,  the eligibility for OBC NCL certificate,  the income of the family members should not exceed the threshold of Rs. 8 laks per annum for three years preceding the date of application. 

The applicant's income is excluded.

2. The income of the family members to be obtained now which of course will not include dead persons income 

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

You are giving the anser and asking the same thing as a question,.

You have quoted the law stating that for deciding about the creamy layer  the individual's income is not take into consideration  then how come you are getting the same doubt.

The income of the family members only shall be taken into account and not the individual's income

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

In income certificate his salary would be added 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

- 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..

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

No its not added it’s exempt 

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

Dear Client,

For an OBC candidate seeking to obtain a Non-Creamy Layer (NCL) certificate, it is important to remember that the NCL status is established by the income and status of the candidate's parents, not by the candidate or their spouse. In cases where both parents have passed away and never held a job, it might be required to provide a "nil income certificate" attesting to the fact that the parents never had any income during their lifetime. According to government clarification, the candidate's personal income, such as salary, should not be included in this certificate. Make sure you follow the rules set forth by the local issuing authority and give the parents supporting documentation, such as death certificates.

 

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

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