To get OBC non creamy layer certificate

721 votes

1. If your father’s and mother’s combine income is less than 4.50 lkh PA ?

If your annual family (Definition of family-father, mother & minor children below 18 years) income (excluding government salary and agricultural income) is more that Rs. 4.50 lakhs in all the last three years every yera, you are creamy layer. It means that if this annual income is less then Rs. 4.50 lakhs for any one of the three years you are a non-creamy layer. You can check here for non-creamy layer.

2. Is your father/mother is central gov. officer?

For Central or State Government officers- If

(i) parents, either of whom is a direct Class I officer or

(ii) parents, both of whom are direct Class II officers or

(iii) parents of whom only the father is a direct Class II officer and he gets into Class I at the age of 40 or earlier

then the children are creamy layer.

Note: Income from salary and agricultural land shall not be clubbed in annual income.

3. Do you stay with your parent’s? (Yes or No : Both does not matter and NCL is purly based on your parent’s income)

4. Are you a married women? My husband’s income will be considered or parents?

The creamy layer status of a candidate is determinded on the basis f the status of his parents and not on the basis of his own status or income or on the basis of status of income of his/her spouse

Therefore while dtermining the creamylayer status of a person, the status or the income of the candidate himself or of his/her spouse shall not be taken into account

The creamy layer status of a candidate is determinded on the basis f the status of his parents and not on the basis of his own status or income or on the basis of status of income of his/her spouse

Therefore the status or the income of the candidate himself or of his/her spouse shall not be taken into account.

5. My father has agricultural income, will it be considered for NCL?

Income of the parents from the salaries and from the other sources[Other than salaries and agricultural land] is determinded seperately.

if either of the income exceeds the limit of Rs. 4.5 lakh per annum for a period of three consecutive years, the son and daughters of such persons shall be treated to all in a creamy layer.

6. My family has earning brother/sister, then will i get NCL?

For whole life of a candidate, creamy layer status is determined by parent‟s (father, mother) status and never by status of self, husband, spouse or brother/ sister.

Status or income of a “candidate” availing or applying for OBC reservation is never counted for creamy layer purpose.

7. I am earning and my salary in more than 4.5lkh PA will I get NCL for myself?

No. 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

NOT based on the income of his/her spouse.

Therefore, while determining the creamy layer status of a person, the income of the candidate himself or of his/her spouse shall not be taken into account.

8. My father is a class 2 officer having salary above 4.5 lacs. Am I eligible for noncreamy layer certificate?

Please refer to answer #2. If parents of whom only the father is a direct Class II employee then the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.

But before considering this, candidate should clarify this with local authority too.

9. Will the sons and daughters of parent(s) who retire from the service (central GOVT,.,PSU,UN,or any office) on the basis of which their sons and daughters fall in creamy layer, continue to fall in creamy layer after retirement of the parent(s)?

And Their pension is above RS. 4.5 PA .

Then Am I eligible for Non Creamy Layer certificate ?

(In regard to clause (iv) of para 4,Will the sons and daughters of parent(s) who retire from the service on the basis of which their sons and daughters fall in creamy layer, continue to fall in creamy layer after retirement of the parent(s)?)

Ans. For Pension person creamy layer determine on the basis of service status not Income status.

( In regard to clause (iv) of para 4, it is clarified that sons and daughters of parents who are included in the creamy layer on the basis of service status of their parents shall continue to be treated in creamy layer even if their parents have retired or have died after retirement.)

Advocate Siddhant Sharma LawRato