Father's income status during his lifetime will be considered to assess the eligibility of the candidate for OBC NCL category reservation
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 6 months ago in Civil Law
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
12 Answers
You have to produce your father income certificate during his life time for obtaining NCL certificate
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.
He can apply the same on his own income but his income from salary will be exempted
Sir, Many thanks for your opinion(s). Looking at your answer(s) I wish to get suggestions on the following two points: 1. If he (the applicant) needs to produce his own income certificate, then is it necessary to mention that 'the stated income is from other sources'? Because he is serving as a Class I officer and his salary income exceeds the income threshold limit of Rs. 8 Lac per annum. 2. If he needs to acquire the income certificate of his father during his (the father's) lifetime then what would be the text of that certificate? Thanks once again.
Asked 6 months ago
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:
- 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.
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
In fact one Govt. clarification (No. 36033/52004-Estt(Res)dated 14th Oct 2004) clarifies that "....it is clarified that the creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account." Actually, the SDM office and many experts are saying since both the parents are died, the applicant needs to provide his (family) income certificate. That's why there is confusion. Even if the applicant provides his income certificate, will his salary income be added in that? If not, then what should be text?
Asked 6 months ago
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
In income certificate his salary would be added
- 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..
No its not added it’s exempt
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.
