• OBC non creamy layer application

Hi,
Recently I have applied for OBC Non creamy layer application in my local Thasildar office.But they are saying that we cant give non creamy layer certificate as your salary is more than 8L/Annum.Im working in a software firm where my salary is more than 8L.But my parents income through salary from private jute mill is 80k/Annum.I have shown GO of India where it is clearly stating that candidate's income should not be considered while checking non creamy layer status of a person.
They are saying that you are married and you are not there in your parents ration card and you are no more dependent on your parents, so we will consider your salary only.
I have personally met MRO twice, during my first visit he said that I will go through the GO, during my second visit, he said that have you met RI? , check the details from him and first apply obc certificate and he said that they will consider your income only not of your parents.
Can you kindly advise what can be done in this scenario as Im preparing for civil services and my age was 32, so I need obc for my age relaxation.

Thanks,
Janardhan.
Asked 9 months ago in Constitutional Law

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7 Answers

Your salary is immaterial for determine OBC NL certificate 

 

it is only your parents income which is considered 

 

apply for OBC certificate 

 

file RTI application as to what action has been taken on your application 

Ajay Sethi
Advocate, Mumbai
94902 Answers
7570 Consultations

5.0 on 5.0

You have faced challenges in obtaining an OBC non-creamy layer certificate from your local Thasildar office in India, despite presenting a Government Order (GO) that argues for eligibility regardless of the applicant's personal income. You require this certificate for civil services preparation and age relaxation benefits.

What the OBC Non-Creamy Layer Certificate is for

The certificate serves as proof that a person belongs to the Other Backward Classes (OBC) category and is not part of the 'creamy layer'—a more affluent subsection of OBCs. The document is critical for accessing educational and employment benefits under the central government's schemes for OBCs.

Central Government Guidelines

The central government's guidelines on who falls under the creamy layer among OBCs are detailed in an Office Memorandum (OM) issued by the Department of Personnel and Training (DoPT). This OM, initially released in 1993, has undergone several revisions, with the latest amendment coming in 2018.

Eligibility Criteria

According to the 2018 amendment, an individual's eligibility for a non-creamy layer certificate is determined based on their parents' income and status, not their own income or marital status. However, several conditions could affect this general rule:


  1. Parents' Combined Income: If both parents are employed in government service or PSUs, their combined income must be less than 8 lakhs per annum.

  2. Parental Occupation: Holding a constitutional or Group 'A' or 'B' post in the government disqualifies the individual from obtaining the certificate.

  3. Private Sector and Professions: Parents working in the private sector or professions like medicine, law, engineering, etc., have this income counted along with salary to determine eligibility.

  4. Retirement and Pension: Pension income of retired parents is also included in the income calculations.

  5. Deceased Parents: If a parent has passed away, the income at the time of their death is considered.

  6. Spousal Income: If you're married but living separately from your parents, your spouse's income isn't counted.

Course of Action

If you believe you're eligible based on these guidelines but your application has been rejected, you have several recourses:


  1. Internal Redressal: File a grievance with higher authorities within the organization where you applied.

  2. Consumer Forum: You can approach the consumer forum for relief.

  3. Civil Court: Legal action through a civil court is also an option.

  4. Legal Advice: Consult a lawyer to understand the best path forward for your specific circumstances.

In summary, while the central government's guidelines should theoretically make you eligible for the certificate based on your parents' income, not yours, you still face roadblocks that may require legal intervention.

 

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

- The Supreme Court has held that an individual candidate's income was 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 , and only your parents income will be considered. 

- You can file a Writ Petition before the High Court , if they refused to issue the certificate. 

Mohammed Shahzad
Advocate, Delhi
13332 Answers
199 Consultations

5.0 on 5.0

Your creamy layer status is determined on the basis of the status of your parents and not on the basis of your own status or income or that of your husband. If you feel that the MRO or the tehsildar is refusing to furnish the certificate despite your eligibility and cite some irrelevant rules, you may prefer an appeal before the District collector by producing the GO and seek his direction to the concerned officer.  If that also fails to fetch any fruitful result then  you can challenge the same through HC by filing a  Writ petition.

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

Approach the High Court in this matter with a writ petition, incase they are not acting as per the applicable circulars.

 

Give the competent authority/office/department, a detailed representation, venting out all your grievances, prior to approaching the high curt. 

Vibhanshu Srivastava
Advocate, Lucknow
9622 Answers
303 Consultations

5.0 on 5.0

The determination of your creamy layer status is based on your parents' status rather than your own income or your spouse's income. If you encounter a situation where the MRO or the tehsildar refuses to provide the certificate despite your eligibility and cites irrelevant rules, you have the option to appeal to the District Collector. You can present the Government Order (GO) and request the District Collector's guidance for the concerned officer.

If this appeal does not yield a positive outcome, you can consider challenging the decision by filing a Writ petition in the High Court.

Anik Miu
Advocate, Bangalore
8993 Answers
110 Consultations

4.7 on 5.0

You can take the obc benefits it’s not related to marriage 

Prashant Nayak
Advocate, Mumbai
32049 Answers
183 Consultations

4.1 on 5.0

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