Me & my son are born & brought up in Maharashtra ,having Marathi as mother tongue. My father and ancestors were also from Maharashtra. Due to Service in PSU, I am always on transfers . I do have my ancestral home & own property in Maharashtra , I had more than 30 years of residence in Maharashtra in total & had 20 years continued residence at a stretch. and I do visit my native place 2/3 times a year for 5/7 days or so. I am currently residing in Goa from last 4 years in self-owned Flat. I & my wife have voter card of Goa. To avail domicile certificate for education for my ward, whether current residence in Maharashtra is necessary? Am I disqualified to get the domicile certificate in my parent state on account of above particulars of multiple properties ,transfers and no permanent address?
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I am a OBC candidate working in Central Govt. PSU and does not belong to class I or II category Employee. My Salary income is above 8 lakhs but I do not have any other source of income than a meagre rental income of 60000/- per year,that too reflected into Income Tax returns. Am I not able to be called and duly certified as Non-Creamy ? To my knowledge income from salary is exempted for Govt.Employees for calculating Creamy layer yardstick. Howsoever while defining or referring Creamy layer , generally income from all sources is asked to be below 6 lakhs. It may be elucidated to claim OBC-NCL quota for wards admission.
You fall within OBC NL and are entitled to non creamy layer certificate for your ward admission
2) For government employees only their position in the office is the criterion for non-creamy layer status. Excluding all Class I employees and direct recruits of Class II cadre, all other govt. servants having income greater than 6 lakhs are still eligible for the OBC non creamy layer certificates
1) A person who has a permanent residence in Maharashtra can apply for domicile certificate
2) minimum 10 years of state residence proof is required.
3) in your case you have 30 years resident proof of Maharashtra
4) further you have ancestral property in Maharashtra and you and your son are born and brought up in Maharashtra
5) you should get domicile certificate for Maharashtra
There may be no restrictions for your son to get domicile certificate in Maharashtra since your native is in Maharashtra and you had been living there for almost the entire life.
An individual's identity is determined by his/her Address. There will be questions like 'Where you were born? where you live?' will be hidden behind the single question of 'Who you are?' So as to answer such questions, there comes the necessity to obtain Domicile/residence certificate and nativity certificate to show as proof. Also in order to avail government quotas, you need to have this certificate as proof.
Residential or Domicile certificate is to state clearly that, one lives in this State, in this District and in this town. To get this residence certificate, one has to live in a particular place for an year.
But the validity of Domicile/Residence certificate in India is for six months only. After which if you require, you need to apply afresh.
Income from salary and agricultural land shall not be clubbed in annual income.
The following are considered as creamy lawyer:
For Central/PSU 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.
If you are not class I employee then you are eligible for OBC NCL certificate