• Problem in issuing OBC NCL certificate

Sir,My father works in Indian Railways.He is class a C     employee.His annual salary is around 6 to 6.3 Lakhs per annum. Please tell me If I am eligible to issue my OBC NCL certificate. As per my knowledge the post of government employees is take as a measure to distinguish between NCL or non NCL.
Asked 11 months ago in Civil Law from New Delhi, Delhi
If your father is directly recruited class Ii group B officer who got promoted into group A class I officer before age of 40 then you would fall in creamy layer 

2) if your father is class C officer you would not fallin creamy layer 

3) you would be issued OBC NCL certificate 
Ajay Sethi
Advocate, Mumbai
25965 Answers
1414 Consultations
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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
25965 Answers
1414 Consultations
5.0 on 5.0
Hi 
Your father's salary is not the criteria for OBC-NCL. His  Grade in Indian Railways is a criteria. 

You  are eligible for OBC- NCL Certificate. 

Since it appears you are based out of delhi, to obtain an OBC-NCL certificate you can visit 
(http://www.delhi.gov.in/wps/wcm/connect/doit_revenue/Revenue/Home/Downloads/)

Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
62 Consultations
5.0 on 5.0
Excluding all Class I employees and direct recruits of Class II cadre, all other govt. servants having income greater than 6 lakhs are still eligible for the OBC non creamy layer certificates.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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You should apply for OBC certificate to the District Collector. 
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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The creamy layer status of a candidate is determined on the basis of the status of his parents (Father-mother) and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account. 
4) As per Central creamy layer criteria Dt. 08.09.1993- 

(i) Rule (II) (ii), if parents, either of whom is a direct Class II officer or parents, either of whom is a direct Class II officer & another is a Class III employee or parents, both of whom are Class III employees the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.

(ii) Rule (II) (iii), if parents of whom only the father is a direct Class III employee and gets into Class I at the age of 40 or earlier the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income. 
T Kalaiselvan
Advocate, Vellore
16337 Answers
153 Consultations
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Sir,if I am eligible please guide me where to go, and how to issue my obc-NCL certificate.

Income limit criterion doesn't apply for the employees of Central and State governments. For government employees only their position in the office is the criterion for non-creamy layer status. Excluding all Class I employees and direct recruits of Class II cadre, all other govt. servants having income greater than 4.5 lakhs are still eligible for the OBC non creamy layer certificates. Also to note that if an employee gets promoted to Class I cadre after his 40 years of age, his children still come under non-creamy layer, so note that 4.5 lakh criterion thus applies only for business class not for salaried government working class.


Therefore you are eligible because your father is a class C employee of Railways.
T Kalaiselvan
Advocate, Vellore
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153 Consultations
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OBC children belong to any family earning a total gross annual income from sources including salary and agricultural land of less than Rs 6 lakh for a period of three consecutive year is eligible for getting reservation.

However  In October 2015, the National Commission for Backward Classes (NCBC) proposed the that a person belonging to OBC with an annual family income of up to Rs 15 lakh should be considered as minimum ceiling for OBC, but is still under consideration of govt.
Shivendra Pratap Singh
Advocate, Lucknow
2960 Answers
45 Consultations
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if your father's salary is below 6 lac in any of three consecutive year you are eligible to get NCL certificate. 
Shivendra Pratap Singh
Advocate, Lucknow
2960 Answers
45 Consultations
4.9 on 5.0

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