• Inclusion in obc

Hello Dear Lawyers!!!
  I have a question regarding my inclusion in OBC. 
  I belong to Jaat community from Rajasthan. My father is a farmer and he earns less than 2 Lacs annually and my mother is house wife. I am a software engineer and my annual package is more than 10 Lacs per annum. I want to apply for a government job.
Which OBC category I will be considered in (OBC-Creamy-Layer or OBC-non-creamy-layer)?
Can I apply in OBC Category?
Asked 2 years ago in Constitutional Law from Jaipur, Rajasthan
1)  No.36033/1/2013-Estt. (Res)
Government of ndia
Ministry oi Personnel, Public Grievances & Pensions
Department of Personnel & Training      27th May, 2013
It has now been decided to raise the income limit from Rs. 4.5 lakh to Rs. 6 lakh per annum for determining the creamy layer amongst the Other Backward Classes. Accordingly, the expression “Rs. 4.5 lakh” under Category VI in the Schedule to this Department’s aforesaid O.M. of 8th September, 1993 would be substituted by Rs. “Rs. 6 lakh”.

2) since your father income is less than Rs 6 lakhs for last 3 years you would be considered under OBC non creamy layer
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
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The creamy layer category of the candidate will be decided based on the parent’s post/income but not by the candidate’s self post/income.
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
The Supreme Court has said the benefit of reservation should not be given to OBC children of constitutional functionaries such as the president, judges of the Supreme Court and high courts, employees of central and state bureaucracies above a certain level, public sector employees, members of the armed forces and paramilitary personnel above the rank of colonel.

The children of persons engaged in trade, industry and professions such as a doctor, lawyer, chartered accountant, income tax consultant, financial or management consultant, dental surgeon, engineer, architect, computer specialist, film artists and other film professional, author, playwright, sports person, sports professional, media professional or any other vocations of like status whose annual income is more than 450,000. OBC children belonging to any family that earns a total gross annual income (from sources other than salary and agricultural land[2]) of Rs. 450,000, as the income ceiling for the creamy layer raised from 250,000 (US$ 5,500 in 1993 when the office memo was accepted) to 450,000 in October 2008, belong to the creamy layer and so are also excluded from being categorised as “socially and educationally backward” regardless of their social/educational backwardness.


now figure of rs 4.50lakhs is increased to rs 6 lakhs
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
When apply for obc certificate you must quote your parents income and not your income. If you mention yours you won't be included in obc creamy layer.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi,
 You will t be included in OBC and the sanctions under the OBC category as your parents financial status is the key to allot your OBC status. Since their income comes under the OBC category you do not have to think about your income from the current job.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Your parents income will only be considered for you to be considered under OBC
Shashidhar S. Sastry
Advocate, Bangalore
1239 Answers
59 Consultations
5.0 on 5.0

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