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