Obc non creamy layer Obc non creamy layer

5 years ago

I am am obc but my family income is around 9lacs and my dad is not group A Or B officer and mom is a housewife. I want to know how can i obtain an obc non creamy layer certificate.Am i eligible for it ? And if not than what is the criteria for obc nc layer and how can i get its benefits

Deepak Yashwantrao Bade

Responded 5 years ago

A.Agreed with Mr.robert sir and Mr. Kishan sir. You can not get obc NC certificate because your income is not eligible for OBC NC income criteria.
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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear sir,
Please see the following text and act accordingly.
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How do I calculate the gross income of my parents (who are government employees) to determine whether I belong to non-creamy layer or not in order to get the OBC reservation?
According to Para 10 of No. 36033/5/2004 - Estt. (Res.) which is a clarification issues to all state chief secretaries regarding clarification on OBC Creamy layer, income from Salaries and Agriculture should not be considered for calculating the gross income. Only the income apart from salaries and agriculture are to be considered.
The para 9 & 10 states as follow:
9. Creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-a-vis posts in Government has not• been evaluated is determined as follows:
Income of the parents from the salaries and from the other sources [ other than salaries and agricultural land] is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources __ [ other than salari"es and agricultural land] exceeds the limit of Rs.8 lakh per annum for a period of three consecutive years, the •sons and daughters of such persons shall be treated to fall in creamy layer. But the sons and daughters of parents whose• income from salaries is less than Rs. 8 lakh per annum and income from other sources is also Jess than Rs.8 lakh per annum will not be treated as falling in creamy lay r even if the sum of the income from salaries and the income from the other sources is more than Rs.8 lakh per annum for a period of three consecutive years. It may be noted that income from agricultural land is not taken into account while applying the Test.
10. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs. '8 lakh per annum, income from agricultural land is more than Rs. 8 Jakh per annum> but income from other sources is less than Rs. 8 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.
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ChsB

Replied 5 years ago

Sir can you please further guide me as to how i have to give about the proceedings ?

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Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.1) as per the Central creamy layer criterion II & III dated 08.09.1993 only the sons and daughter of following “government servants” will be treated as creamy-layer.
(i) Parents, either of whom is a Group-A officer. (Direct Recruitment)
(ii) Parents, both of whom are Group-B officers. (Direct Recruitment)
(iii) Parents of whom only the father is a Group-B officer and he gets into Group-A at the age of 40 or earlier.

2. Even if income of your family is more than Rs 6 lakhs you are eligible for OBC NCL certificate as your father is not group A or B employee are group C govt employees

3. 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. It is the status of the employment of your parents which is considered for granting OBC NCL certificate

You should make an application for the issue of OBC NCL certificate
a) if the authorities reject your application for issue of OBC NCL certificate
b)file writ petition in HC to direct authorities to issue you OBC Certificate as for government employees only their position in the office is the criterion for non-creamy layer status and not their annual income.
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ChsB

Replied 5 years ago

Hey sir. I have my obc..now what should I do next for nc ?

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ROBERT D ROZARIO

Replied 5 years ago

Get my contact detail from Vidhikarya and call me.

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Vidhi Samaadhaan Vidhi Samaadhaan

GANESH SHARMA

Responded 5 years ago

A.It will depend on the policy of your state. Which state do you belong?
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ChsB

Replied 5 years ago

Uttrakhand

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ChsB

Replied 5 years ago

Uttrakhand

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GANESH SHARMA

Replied 5 years ago

Which district

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ChsB

Replied 5 years ago

Dehradun

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