Advocate Manisha Chauhan

Questions Answered by Advocate Manisha Chauhan (25+ answers)

Q: What is the difference between creamy layer and non creamy layer of OBC ?

I want to know the difference between creamy and non creamy layer of OBC

Advocate Manisha Chauhan answered
Creamy Layer OBC is that category of OBC wherein the members are wealthier/better off and overall more privileged than the other members belonging to OBC. Non-creamy layer OBC is the other category of OBC which is not as socially/economically advanced as the Creamy Layer OBC.

Difference between Creamy and Non-Creamy Layer in OBC

In India, the OBC (Other Backward Classes) category can be subcategorized into two - i.e. Creamy Layer OBC and Non-Creamy Layer OBC. The concept of the creamy layer has arisen out of necessity - in this case when caste is taken as a class. However, it is pertinent to understand that it is a concept only for the OBCs and not for any SC/ST candidates.Basic Difference:The term Creamy Layer is used for a particular category of OBC, or those members of the OBC that are wealthier, better educated and overall better off in comparison to other members of the OBC category. This is the basic difference between the Creamy layer and the Non-creamy layer OBC.To make the OBC a homogeneous class, the developed or more advanced persons are excluded from getting benefits/reservations by applying this principle. The OBC creamy layer does not get any benefit and is treated as a part of the General Category.As a rule, the creamy layer is decided, based upon the income of the parents/household. Thus, if the parents’ income of a person belonging to the OBC category is above Rs. 8 Lakhs per annum, he would fall under the “Creamy Layer”. Similarly, OBC persons where the household income is below Rs. 8 Lakhs per annum, would fall under the “Non-Creamy Layer” of OBC and would thus be entitled to the relevant benefits/reservations.

Need for “Creamy Layer” in OBC category:

Members of OBC are entitled to receive benefits by the State. This rule was made as a part of positive discrimination, in order to uplift the Backward Classes. However, technically, OBC category also includes certain “advance” persons.
The members of a caste/community should receive benefits by the state because they are socially, economically or educationally backward, and not only because they belong to a particular caste or community. Thus, if a person is advanced socially, economically or educationally, he no longer shares the properties of that class and shall hence not be considered for the benefits and state protection. This is the reason why the concept of the creamy layer under OBCs was created.
Thus, if the advanced or “creamy layer” of OBCs is excluded, the weaker section of OBC will be benefitted, and rightly so. On the other hand, if the creamy layer is not excluded, the poor and the deprived OBCs will be forced to compete with the rich and powerful section of OBC.

Eligibility Criteria for OBC Non-Creamy Layer:

If you fall under the OBC non-creamy layer, you can get reservations while applying for government jobs/posts. However, it is mandatory to obtain an OBC certificate (except in case of Tamil Nadu Govt.) for people falling under this category to avail the benefits. This certificate is valid for a year, from the date of receiving it. Given below are the eligibility criteria and special circumstances for obtaining the non-creamy layer OBC certificate, in order to avail the benefits that the Government has to offer:1. Income: Only when the income of the person’s parents is below Rs. 8 Lakhs, the person will belong to the non-creamy layer category and can apply for the certificate.2. Parents working under Central Govt.: If either of the parents of a person is working under Group C and D category of the Central Govt., or under Group II, III and IV of the officers’ category of the Tamil Nadu State Govt., that person will be eligible to apply for the certificate.3. Person working under Central Govt.: If a person is working under Group B category of the Central Govt., or Group I of Tamil Nadu State Govt., then he/she will be qualified to for obtaining the OBC non-creamy layer certificate, provided that this person’s parents do not receive any income of any kind.4. Husband working under Central Govt.: A wife would be eligible to apply for OBC certificate if her husband is working under the Central Govt. and if her parents do not receive any kind of income.Persons who do not fall under the category of the non-creamy layer of OBC:There are certain cases that come under the Backward and Most Backward Castes which are not included in the Central Govt.’s OBC category and can not hence apply for the certificate. Similarly, if the parents of the applicant are employed under Group A or B services, including IPS, IAS, and IFS, or if the parents (or either of them) are working in the private sector as businessmen, lawyers, doctors, engineers etc. and if their income is above Rs. 8 Lakhs per annum, they would not be eligible for the said OBC certificate.As a general rule, if the applicant’s parents’ income is above 8 Lakhs, he/she would not be qualified for obtaining the non-creamy layer certificate, and would fall under the “creamy layer”.

Q: Enforcement of refund agreement made via email

I got an agreement from a company to refund a certain amount of money via an email. The amount is Rs 82,000. The refund is to be processed on three installments on three separate dates. In case the company defaults, what are the legal remedies available? nnCan a summary suit be filed in this case? Quickest legal remedy to enforce this legal agreement on email in case of default?

Advocate Manisha Chauhan answered
Yes if there is written agreement you can file a summary suit for recovery of the said amount. It’s the quickest remedy available to you. If it’s commercial in nature than the suit can be filed under commercial court act which makes it more quicker.

Q: My mother-in-law has kept my jewellery, despite asking not returning

Hi - My mother in law misbehaved with me when my husband left me at his place for some days. After that, I left that house, came back to my parents and have been here since. My gold is still with her in that houseMy husband also lives with me at my parent's house and we have a daughter. She didnt even acknoweldge her. she lied about the gold first that my sister in law has taken it, but my sister in law said that my mother in law only has it. My husband called again but she said in a very bad manner that she will not give our things back: my gold and even my husband's thing at the place that he has bought with his own money.

Advocate Manisha Chauhan answered
You can move an application addressed to the protection office under DV act and then you need to file an application before the concerned court under DV act for monetary relief from your mother in law .. however, You should have a proof of a gold which you had during the period you stayed with your mother in law. Additional to attract the DV Act you need to show that there was a domestic violence against you. Besides above you have remedy under civil (recovery/damages) and criminal law (misappropriation of property/criminal breach of trust),

Q: Does MOU Offers 100% Protection From False Cases/Police Cases?

Wife filed false dv case and i filed counter case due to which she wants to close both cases and now wants MOU to be signed. I would like to know what protection does MOU offer to husband and his family from such fake case/police case. The judge knows the dv case is almost false and persuaded wife to agree for MOU and start living. However, I had many apprehensions as she filed a false case and it lead to my mental harassment and lot of money got spent in defending cases and filing counter case. Based on evidences, I have almost 95% evidences to prove in court that she lied on multiple cases and keep fighting the dv case for 4 to 5 or maybe 8 years.On the other hand Judge and mediation wants both parties to settle amicably and start living after MOU. My questions: 1.Does families get restored and live happily after this MOU is signed?2. Does it offer 100% protection from any such fake cases/police case.3) What points should I definitely include in MOU if we agree. Kindly suggest.

Advocate Manisha Chauhan answered
Restitution of family is solely between the parties, MOU helps in sorting out old issues and to end all the litigations till the day the MOU is being executed. However, it wont help in the case of future controversies like FIR etc., whereas, if any property has been determined in accordance with the MOU then that MoU will have an effect. Except determination of your child rights, you can mention Terms in MOU related to withdrawal of cases if any, quashing of FIR if any, to live peacefully, not to lodge false case(however that will not help you if in future any case has been filed)

Q: I am looking for Some information about RCR legal notice

Hi my wife is living away by saying I am doing the job for the last year, can I send here RCR legal notice, is it fair to leave your partner for a job?

Advocate Manisha Chauhan answered
If your partner has left you just for the job, you can help her arranging job near you.. or if it’s not feasible for you to shift with her then the only way is to help her for arranging job near you. Yes you can send her legal notice for Restitution of conjugal Rights, if she’s staying away without any reason.