How to get non creamy layer certificate for child of class 2 officers?

554 votes

The term creamy layer was first coined by Justice Krishna Iyer in 1975 in State of Kerala vs NM Thomas case, wherein he observed that the benefits of reservation are snatched away by the top creamy layer of the 'backward' caste or class, thus keeping the weakest among the weak always weak.
Who are covered under Creamy layer of OBC Quota
(I) V.V.I.Ps.- President, Vice-President, Judges of the Supreme Court and of the High Courts etc.
(II) Government or PSU employees of Central or State-
(i) parents, either of whom is a Class I officer (direct recruits)
(ii) parents, both of whom are Class II officers (direct recruits)
(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.
(III) In military, parents, either of whom is in the rank of Colonel and above.
(IV) Persons engaged in Profession, Trade and Industry whose last three-year’s separate annual income is more then Rs. 4.50 lakhs per year.
(V) Families owns agriculture land having (i) ‘irrigated land’, more than 85% of the statutory ceiling area or (ii) The rule of exclusion will not apply if the land holding of a family is exclusively unirrigated.
(VI) Persons having separate gross annual income of Rs. 4.50 lakhs per year or above for a period of last three consecutive years excluding income from salaries & agricultural land.

In your case both parents are directly recruited class 2 officers of Kerala government. So your daughter is not eligible for getting NCL

Advocate Ajay NS LawRato

644 votes

As per the extant norms, exclusion from Non-creamy layer in respect of public servants is based on criteria of status, not their income. The norms make no exception in respect of couples who are separated.

Advocate P Venu LawRato