Any benefit claimed under forged certificate will seize if issue came out.
Salary above 8 lacs - creamy layer.
OBC non-creamy layer certificate eligibility resurfaced confusion
Dear Sir/Ma'am, I had consulted few months back on this platform regarding my OBC certificate eligibility. Here is the link to my previous query and response. https://www.kaanoon.com/231347/regarding-obc-ncl-eligibility (please look at the 2nd question asked in the above link page for greater detail). My father is a teacher with over 8 lakh income under Jharkhand government. On the basis of nature of job, I was assured that I fall under the category of OBC NCL and thus can avail the benefits. So, I had applied for the OBC certificate (upto District level) which I received successfully in March 2019. I am not very sure if the staff (posted as C.O) was convinced about my eligibility but he made the certificate as I had visited DM sir multiple times regarding the hurdles I was facing. After receiving the OBC NCL certificate (attested and signed at all 3 levels), I had applied for the UPSC - CSE exam 2019 as an OBC candidate. Now, the issue is the news article that was published recently by Indian Express (18th Dec, 2019 Link: https://indianexpress.com/article/india/madhya-pradesh-obc-certificates-of-guna-mp-son-cancelled-6172459/). In the 3rd para of the article, SDM has clearly said - 'No one with income above 8 lakhs are eligible for OBC NCL benefits'. Although, the certificate cancelled was of the son of a Member of Parliament (which has higher class of job and hence the decision of cancellation of certificate might be ultimately valid). But the issue remains that the SDM statement of 8 lakh limit without considering the Class of Job.
Asked 4 years ago in Labour
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11 Answers
the decision of Madras High Court in the case of Mr.Rohith Nathan and Mr.G.Babuvs Union of India dated 31 August,2017
vide W.P.Nos.6387 to 6389 of 2017 in which it upheld the decision of Central Administrative Tribunal(Chennai Bench)
dated 12-1-2017 in OA 1132 & 1133/2014 and in OA 1375/2014 directing DoPT to consider the above two candidates as OBC Non Creamy Layer. Would also be applicable in your your case
you would be entitled to OBC NL certificate
You are requested to not to read between the lines.
How far you think that the newspaper reported matter is genuine.
They dont publish the actual facts, they may have published only a part of it making it totally in a different sense.
The government rules and law in this regard is very clear that the salary income of the government employees are not taken into consideration for computing the annual income of the family.
Their employment status only will decide their eligibility.
Therefore dont go by such half baked news.
The newspaper reports are not law or rules.
If the authorities were convinced with your status and have furnished the certificate as per your eligibility, there is nothing to dispute over it any further.
you simply remain silent over the issue without breaking your head on such fictitious stories.
The side limit of income excludes salary and agricultural income. If the income from other sources is above 8 lakhs then you will not be eligible. Otherwise you will be. Other than that if being a central government officer your parents are directly recruited as class 1 officer before 40 yrs then you will not be eligible. Both the parents are recruited as class 2 officers directly before 40 years then also you are not eligible.
- The OBC Non creamy layer for the child of government employee is decided on two factors: By post or by class
- If anyone of, father or mother is direct recruited class 1 servants than their children won't be eligible for NCL. But if he/she is promoted to class 1 then the kids will be eligible
- If both of the parents are class 2 than their kids won't be eligible for OBC quota but if only one of them is than the kids would be off from creamy layer and they can avail benefits of quota
- If father was recruited direct to class 2 positions and than prompted to class 1 before age of 40 than it would be no longer NCL. However this scenario only applies to father not the mother
- The government servants who don’t fall under this category are all non-creamy layer.
- Government Employees of Class 3 or below class 3 officers are eligible for OBC Quota., and the salary/ income of the government employees are not to be taken into consideration for considering the OBC NCL category certificate.
- 8 LAKH is for common people and not for the son of a government employee as above.
- Further , MP /MLA etc comes under the creamy layer.
Dear
1. Income criteria is fixed at 8 lakhs for non creamy layer certificate even if parents are on govt job.
2. If your certificate is already issued then you can apply on basis of that certificate until it is challenged by someone.
Here it's clearly mentioned now latest by MP government that "no one" means nobody will get OBC ncl certificate whoever income is above 8 lacs rupees. Irrespective of government job or teacher or farmer or any caste. Only the income cretria is applicable along with obc caste to get NCL certificate.
As expected the opinion here is divided. As one of the reply from Adv. Ajay Sir here has mentioned the case of Madras High Court in the case of Mr.Rohith Nathan and Mr.G.Babu vs Union of India dated 31 August,2017. Hence, I might be eligible for the OBC benefits. Thank you for the replies.
Asked 4 years ago
Thanks for your appreciation
Tow clocks dont agree the time.
Similarly different advocates would be having different opinions, yo can choose the best that is suitable to your circumstances.
No one will misguide you, if you feel that any opinion is not feasible or not practical, just ignore and try the options other than this.
Yes you will be eligible as stated
You should not get confused if you have already got the OBC certificate.