• Non-creamy layer

I have directly recruited at the age of fourty three years as class 2 group A medical officer,can my daughter get non creamy layer certificate
Asked 5 months ago in Civil Law

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

8 Answers

What is class-2 and Group A medical officer.

If you were recruited as Group A directly at whatever age, you will be categorised as Creamy layer only.

If you were recruited as Group B\class II and if your spouse also was recruited as class II officer then also you will belong to Creamy layer only.

You can revert with proper details to enable us to give a proper opinion.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Generally the children of a directly recruited Class II officer are considered to be in the creamy layer, regardless of their parents' income. The key position of class 2 is a key factor of creamy layer and not the income. Still there are some exceptions for the same

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

She can get non creamy layer certificate as you were recruited at age of 43 as group A officer 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

Unlike SC/ST reservation by way of non creamy layer is determined by birth. It is the  threshold of household income which finalises whether a particular person would get reservation for a particular year. 

Therefore, for the particualr year when your daughter applies for reservation it is to be seen whether such certificate is permissible for her or not. 

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

Yes, your daughter can get a Non-Creamy Layer (OBC-NCL) certificate, provided:

  • You were directly recruited to Class II (Group A) after the age of 40, and

  • You have not been promoted to a higher post before turning 40.

This means you are not considered 'creamy layer' under the OBC guidelines, so your daughter is eligible.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

- As per OBC NCL criteria, a child of a Group A officer is considered in the creamy layer if the parent was directly recruited to Group A before the age of 40, Or the parent was promoted to Group A before the age of 40.

- Since, you have recruited to Group A at age 43, i.e. after 40, hence your daughter is entitled for non creamy layer certificate. 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

Dear Sir/Madam, 

The grant of creamy layer certificate depends on income/ status.If you fall in the category prescribed for, you may get that certificate. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear Client,

Can the daughter of a class 2 group A Medical Officer obtain a non-creamy layer certificate?

Yes, it is totally possible for your daughter to obtain the non-creamy layer certificate since the employment in Class 2 group A has been obtained after the age of 40. Provided, the combined annual income of the family does not exceed Rupees 8 Lakhs. 

Legal principle: refer to Government of Maharashtra Gazette, Part IV-B, dated 29th January 2004, and the Maharashtra State Public Service Commission (Reservation for S.C./S.T./D.T.(V.J.)N.T., S.B.C. & O.B.C, Act, 2001.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.



Anik Miu
Advocate, Bangalore
11006 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer