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Regarding OBC Non creamy layer explanation under category 6 of NCBC OM
04-Jul-2023 (In Civil Law)
In the calculation of Income from other sources of parents who fall under category 6(professionals, retired govt. servant-grade B) it is mentioned that the exclusion principle applies to one having income greater than 6 lakhs for a period of last 3 consecutive years. Does the interpretation that if the income from other sources is less than 6 lakhs for 2014-2015 and greater than 6 lakhs for 2015-2017 i.e not more than 6 lakhs for a consecutive 3 year period correct.? P.S. Local tehsildar is not understanding the language of the OM
Before I begin to explain, it is impediment to illuminate that, the income criterion
for determination of creamy layer was kept at Rs 1 lakh per annum in 1993, and
revised to Rs 2.5 lakh in 2004. It was subsequently raised to Rs 4.5 lakh in 2008
and Rs 6 lakh in 2013. (Refer to attached Pdf file, extracted from National
Commission of Backward Classes Page 1 OM No.36033/1/2013-Estt.(Res.) dt.
27/05/2013.
Points to be considered for evaluating whether a person falls under OBC Creamy
layer or Non- creamy layer:
1. OBC Creamy layer- Who has yearly income more than 6 lakhs or
Government Employees of greater than class 3/Grade C are not eligible
for OBC Quota.
2. OBC Non-Creamy layer- Who has a yearly income below 6 lakhs or
Government Employees of Class 3/Grade C or below class 3/Grade C
officers are eligible for OBC Quota.
Having said that, the creamy layer status of a candidate for the whole lifetime is
decided by the parent’s post / agriculture land / income in following manner:
For Government Servant parents- By post/class: not by salary
For Farmer parents- By Land Holding
For Businessmen Parents- By Annual Income
For Parents working in Private Sector – By Salary
for determination of creamy layer was kept at Rs 1 lakh per annum in 1993, and
revised to Rs 2.5 lakh in 2004. It was subsequently raised to Rs 4.5 lakh in 2008
and Rs 6 lakh in 2013. (Refer to attached Pdf file, extracted from National
Commission of Backward Classes Page 1 OM No.36033/1/2013-Estt.(Res.) dt.
27/05/2013.
Points to be considered for evaluating whether a person falls under OBC Creamy
layer or Non- creamy layer:
1. OBC Creamy layer- Who has yearly income more than 6 lakhs or
Government Employees of greater than class 3/Grade C are not eligible
for OBC Quota.
2. OBC Non-Creamy layer- Who has a yearly income below 6 lakhs or
Government Employees of Class 3/Grade C or below class 3/Grade C
officers are eligible for OBC Quota.
Having said that, the creamy layer status of a candidate for the whole lifetime is
decided by the parent’s post / agriculture land / income in following manner:
For Government Servant parents- By post/class: not by salary
For Farmer parents- By Land Holding
For Businessmen Parents- By Annual Income
For Parents working in Private Sector – By Salary
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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