• OBC non-creamy layer certificate

Dear Sir/madam,
I am Vishal. I am 32 years old. Im married and working in a private organisation.
My wife also works in a private organisation.
My parents'(Father and Mother) joint income exceeds Rs. 6,00,000/- in current FY 2016-17.
It is because they got their profit share in a building construction project from my real brother's Construction company.
My father is retired govt. servant. He was promoted to Class I after the age of 40 years.
My mother gets income from rented house and shop. I am also a partner with my mother in shop rent.

Kindly tell if I am eligible to get NCL Certificate to appear for UPSC civil services exam.
Thank you.
Asked 1 year ago in Constitutional Law from Pune, Maharashtra
1)  as your father was class II officer even at 40 and hence would fall under OBC NC 

2)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 6 lakhs are still eligible for the OBC non creamy layer certificates

3) Rs 6 lakh criterion thus applies only for business class not for salaried government working class.
Ajay Sethi
Advocate, Mumbai
38890 Answers
2184 Consultations

5.0 on 5.0

you are eligible to get NCL  certificate 
Ajay Sethi
Advocate, Mumbai
38890 Answers
2184 Consultations

5.0 on 5.0

The rule of exclusion shall not apply to the sons and daughters of (a) parents both of whom are Class II officers and one of them dies or suffers permanent incapacitation (b) Parents, both of whom are Class II officers and both of them die or suffer permanent incapacitation, even though either of them has had the benefit of employment in any International Organisation like UN, IMF, World Bank, etc, for a period of not less than 5 years before their death or permanent incapacitation. (c) Employees in Public Sector Undertakings, etc. In short, you are not eligible to avail the benefit of reservation. 
Ashish Davessar
Advocate, Jaipur
21840 Answers
595 Consultations

5.0 on 5.0

Your father's status will accord you the grant of OBC NCL certificate.
Dont show your mother's income anywhere, it is not necessary to shown in very strict sense though the law insists on it.
You can get the OBC NCL certificate on the basis of your father's employment and income status.
T Kalaiselvan
Advocate, Vellore
28885 Answers
300 Consultations

5.0 on 5.0

Sorry but I have not understood your ans. Please tell if I am eligible to get NCL Certificate to appear for UPSC civil services exam or not.

Yes on the basis of the information provided by you, you are eligible to appear for the UPSC examination on the quota of OBC NCL category.
T Kalaiselvan
Advocate, Vellore
28885 Answers
300 Consultations

5.0 on 5.0

Ask a Lawyer

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