Regarding obc NCL reservation

A.Dear Sir,
Income of your parents only will be calculated. Thus you can get the certificate.
The government will consider the parents’ status to determine “creamy layer” instead of status of the candidate applying for the job. In case of women candidates, too, the parents’ status will be considered and not the husband’s status.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2018
BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.24115/2018 C/W WRIT PETITION No.3390/2018(GM-CC) WP No.24115/2018
BETWEEN:
THE STATE OF KARNATAKA & Others
Vs.
SMT. YOGESHWARI & Others
The aforesaid queries came to be answered in paragraph 8 by observing as under: "8. In regard to clauses (vi), (vii) and (viii) of para 4, it is clarified that the creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of 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." In view of the above, there is no room for any further consideration, whether or not the individual's income is to be taken into consideration, while computing the total income relevant to determine whether an individual belongs to the "creamy layer". The above clarification reveals, that it is only the parents income, which has to be taken into consideration. 23. Writ Petition No.24115/2018 is filed by the State Government against the order passed by the Appellate Authority dated 18.11.2016 mainly on the ground that the order passed by the Appellate Authority cannot be sustained as it was not a speaking order. Admittedly the 2nd respondent - Deputy Commissioner & Chairman, District Caste and Income Verification Committee passed the order on 13.12.2017 rejecting the grant of Validity certificate, which is the subject matter of W.P. No.3390/2018 filed by the petitioner - Yogeshwari. Admittedly, the Deputy Commissioner & Chairman, District Caste and Income Verification Committee raised certain queries and sought clarification from the Appellate authority and also the State Government and the State Government has clarified the queries and therefore now the State Government ought not to have filed the writ The State Of Karnataka vs Smt Yogeshwari on 19 November, 2018 Indian Kanoon - http://indiankanoon.org/doc/146405808/ 11 petition. Instead of filing the writ petition against the order passed by the appellate authority, the State Government ought to have directed the Deputy Commissioner & Chairman, Distinct Caste & Income Verification Committee to issue the validity certificate in accordance with law. The same has not been done. The order was passed by the appellate authority on 18.11.2016 and the writ petition No.24115/2018 was filed by the State Government on 1.6.2018 challenging the said order, after the delay of more than 1 ½ years stating that the appellate authority has not passed speaking order and no reasons are assigned.
Karnataka Procedure
nadakacheri.karnataka.gov.in Apply Online for Non Creamy Layer Certificate Application Form & Required Documents List with Registration Procedure in Atalji Janasnehi Kendra Nadakacheri

nadakacheri.karnataka.gov.in: - Procedure for apply non creamy layer certificate, document list

Non creamy layer certificate is given by the revenue department, government of Karnataka. They can provide all instruction to user for apply given certificate. User need to check here documents, procedures, fees details which is require for apply given certificate services. Department can provide online website to help their citizens. It can contain all information in computerize form so every persons can apply here. Most of user wants online service it can save their time and provide result in short time. User need to check all avail options here at time of apply online. It is designed and developed by the BMC. They can maintain portal so it can run without any error in different type of browser. But all content avail here provided by the concerned department. They can add here new details time to time and remove old content here which is no used by any person. It is avail all 24 X 7 days so every person can apply here. After apply, you need to take your application number here which is used for check status and receive non creamy layer certificate. The can give here feedback for avail services or some improvement tips. You need to write down here contact address for apply manually. All services are given here for different type of certificate is necessary for citizens if they want to apply here. Check here compliant section, if you have some issue at time of apply online. They can piorvdie verification certificate services. All details are given here necessary for citizens about domicile, residence, and caste certificate and other. Read here given user manual for avail services like how to apply here. It is avail in PDF form so download it if require.

//Procedure for apply non creamy layer certificate//

for apply given certificate service user need their documents proof and procedures, so read all details here.

--Document list is here—

• Application form (for non creamy layer certificate)
• Two different gazatted officers certificate
• Address proof (ration card, voter card, driving license, gas bill, telephone bill, and other address proof)
• It return/ income proof/ salary particular

Fees: - RS 15 for online service
This certificate is delivering to user in 7 working days.

--Non creamy layer certificate apply here--
http://164.100.133.30/Online_service/loginpage.aspx

Enter mobile number (valid number is require)
Click on next button.

• Follow other process here and select form which is need by you and enter all correct details here.
• Document and fees need to submit here online.
• After submit successful, take your application number here which is used for check status of form here and receive certificate after ready.

--Instruction for online service—

http://164.100.133.30/Online_service/OnlineNK_document_04092015.pdf

You need to read all details here for apply given certificate services. It cans provide all steps to user for apply online here. Check all points here steps by steps with screen shots.
The wards of central govt Employees and the employees himself is eligible for ONC NCL certificate if he qualifies following:-
1. Parents income doesn't exceeds Rs. 8 lakh per annum alltogather
2. For the purpose of income, income from Salary and Agriculture should not be considered.
3. Group C and Group D employees even if their income exceeds 8 lakh can apply because the salary is not counted as income.
4. If an employee become Group A officer after his 40 yrs age and income (don't count salary as income) below 8 lakh can also apply.
5. If the employee itself likes to apply for the higher post under OBC, Note only income of parents is counted for OBC status and not the applicant's.

The creamy layer is based on the status of your parents.
For the jobs under the Central Government, if the parents of an applicant entered the service as Class I officer before the age of 40 (direct recruitment), the applicant is considered as a creamy layer.
Also, if both the parents of the candidates entered into service as class II officers, before the age of 40 (direct recruitment), and entered into the service before the age of 40, the applicant is considered as a creamy layer.
Who comes under Non-Creamy Layer OBC?
Except for the above children of the above-mentioned employees, almost all get the benefit of “Non-Creamy Layer” Status.
• If your parents are not directly recruited Class1 (Group A) or Class2 (GroupB) officers OR they do not occupy any constitutional posts (like that of President, Vice President, Governor etc) you are most likely to fall under Non-Creamy Layer OBC.
• If your parents are not employed by the government, their income should be within the limits by the government to be treated as Non-Creamy Layer OBC.
Income Limit of determining the Non-Creamy Layer Status of OBCs
In order to qualify as an OBC non-creamy layer candidate, the applicant’s parents’ annual income should be less than Rs. 8 lakhs.
Salary and agricultural income are not to be considered as income for calculating annual income for creamy layer status. As far as the Government employees are considered, the entry cadre/post is to be taken into consideration.
While applying the “Income/Wealth Test” to determine the creamy layer status of any candidate, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from other sources other than the salary and agriculture exceeds the income limit, then only the candidates shall be treated as Creamy Layer.
Info-bits which will be useful for you to get OBC Non-Creamy Layer Certificate
• With regarding parents under Government employment, the status of the job (Group A/B/C/D) is more important than the salary. If your parents are earning more than 8 lakhs but their rank is below that of group B officers, you will still come under the Non-Creamy Layer.
• However, regarding parents under private employment or private business, annual income is the main criterion. Nevertheless, salary and income from other sources should be considered separately.
• The main point here is to treat income from salary and income from other
• sources separately. Neither salary nor income from other sources should cross Rs.8 lakhs in three consecutive years.
• Check your parent’s salary for the last three consecutive years. If in any of the last 3 years it is below 8 lakhs, you are qualified for OBC Non-creamy layer status, provided income from other sources is also less than 8 lakhs.
• As per rules, group category A & B (Service Category), the son(s) and daughter(s) of Group A/Class I Officers and both the parents of Group B/Class II Officers only are excluded from availing the benefit of reservation. All other Officers i.e. if only one of the parents is a Group B/Class II Officer and all the Officers below the Category II Officers are entitled to avail the rule of
• reservation unless their other income other than the salaries and agricultural land exceeds the income criteria limit prescribed.
• As far as Group B/Class II Officers are concerned, if one of the parents of the children while working as Group B/Class II Officer gets into Group A/Class I Officer at the age of 40 or earlier, then also the children are not entitled to the benefit of reservation. But in case the Group B/Class II Officer gets into Group A/Class I Officer after the age of 40 years, the children are entitled to get the reservation.
• In PSUs, all executive-level posts, board-level executives and managerial-level posts are treated as equivalent to Group ‘A’ posts in the government and will be considered ‘creamy layer’.
• Junior management grade scale 1 and above of public sector banks, financial institutions and public sector insurance corporations will be treated as equivalent to group ‘A’ in the government and considered as OBC ‘creamy
• layer’.
• OBC reservation eligibility is entirely different from EWS reservation eligibility. Don’t mix up things. Income and Asset Certificate needed for Economically Weaker Sections (EWS) among General Category is different from the Income and Wealth certificate mandated for the Other Backward Castes (OBC) Non-Creamy Layer.
One of the best resources for any clarification regarding OBC reservation is NCBC (National Commission For Backward Classes) Website. For additional queries or concerns, refer the documents listed below: