• About OBC creamy layer

Sir
I am a Headmater (Gazetted) of  Andhrapradesh state government high school belongs to OBC category.(got promotion on 31-8-2014 as Headmaster)
My annual incomes from salaries for the last three financial years are 395410, 500951 & 593308. this financial year it will be nearly 745000.
I have no other income except salary. My wife is Housemaker.

My doubt is that whether my 16yrs daughter is eligible to OBC-NCL reservation in higher studies.

thanking you sir
P.BHARANEE KUMAR
Asked 1 year ago in Constitutional Law from NALLAJERLA, Andhra Pradesh
1) creamy layer is income cieling that separates poor OBC category from the well off who are ineligible for quota 

2) if annual salary is over 6 lakhs then you r family would not be eligible for quota 

3)your daughter is not eligible under OBC non creamy layer category 
Ajay Sethi
Advocate, Mumbai
23386 Answers
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Checklist for Non-Creamy Layer Certificate
No.	Document	Qty	Req. / Optional	Type
01	Application duly signed by an Applicant ( It should not be filled & signed by the Candidate who is Minor)	1	Required	Original
02	Rs. 5 Court Fee Stamp	1	Required	
03	Caste Certificate of Candidate	1	Required	Xerox(Attested)
04	a)	Income of all earning family members should be mentioned in application for Affidavit. If, they are not employed, then it should also be clearly mentioned in the Affidavit. 
b)	Bonafide Certificate should be produce in case of Children who are studying.	1	Required	Xerox(Attested)
05	Bonafide Certificate of Candidate 

(Candidate is the person for which certificate is required. Application should be made by Major person. It is not necessary that Application should be made by Candidate, who is Minor. Applicant can be a Father, Mother, Major Brother/Sister.)	1	Required	Original
06	Parent Income Certificate (Last 3 Financial years)

(If the parent owns an Agricultural land, Farm House or any other business, please give details)

a) Income Tax Return copy should be attached. AND / OR

b) The persons who are not filing Income Tax Return and are not employed should produce Income Certificate of local Corporator. AND / OR

c) The persons who are employed but not filing the Income Tax Return should submit the 'Salary Certificate'.	1	Required	Xerox(Attested)
07	Ration Card	1	Required	Xerox(Attested)
08	Affidavit in Prescribed Format.	1	Required	Original
09	Rent / Maintenance Receipt, Telephone Bill (Landline), Electricity Bill	1	Required	Original

Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1) The last paragraph of the Department of Personnel circular clarifies that  if income from salaries of the parents of any candidate is more than Rs.2.5 lakh per annum, income from agricultural land is more than Rs.2.5 lakh per annum, but income from other sources is less than Rs.2.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.


2) since you fall below the wealth tax exemption list your daughter would be eligible for OBC reservation 
 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Within the sweep of the circular issued by the govt of India your daughter falls within the definition of 'creamy layer'. As a corollary thereto, she cannot avail the benefit of reservation.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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