Dear Sir/Ma'am, My caste falls under central list of backward classes (2A). My father is working in a private company and his salary is around 6 lakhs. My mother is engaged in a business that generates around 4 lakhs. Will my father's salary be excluded since it is mentioned in the DoPT orders that income from salary and agriculture should not be included? Is there any specific condition to be met for business income? Also, is it sufficient to have less than 8 lakhs in any one year out of three consecutive years?
You are not entitled to OBC NL certificate as your parents gross income is more than Rs 8 lakhs
your parents salary / business income would be considered for determining non OBC CL
if 3 years consecutive gross income is more than Rs 8 lakhs then you are not eligible for OBC NC L
Dear Client,
According to the guidelines issued by the Department of Personnel and Training (DoPT), income from salary is not included when calculating the total family income for backward class status. Therefore, your father's salary of ₹6 lakhs will not be considered in the income assessment. Similarly, income derived from agriculture is excluded from the total income calculation. If your family has agricultural income, it will not impact the assessment. Business income is considered in the total income calculation. Since your mother’s business generates ₹4 lakhs annually, this amount will be included in the assessment. For backward class benefits, the total family income should generally be less than ₹8 lakhs per annum. This means the combined income from all sources must not exceed this threshold. The income is assessed based on the most recent financial year. If your family’s income exceeds ₹8 lakhs in any single year, it may affect eligibility.
Salary income of private sector is not excluded for computing the annual income of the family members
Your father's salary income and your mother's income from business clubbed together amounts to Rs. 10 lakh per annum, hence you are not eligible for reservation under OBC non creamy layer category.
Thank you for your timely response. I would like to clarify few points from the DoPT OM (https://doptcirculars.nic.in/OM/ViewOM.aspx?id=471&headid=6). It states that for "PROFESSIONAL CLASS AND THOSE ENGAGED IN TRADE AND INDUSTRY" income/wealth test applies. In the income/wealth test it is mentioned that "Persons having gross annual income of Rs. 8 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years" fall under creamy layer. But it is also stated in the exaplanation that "Income from salaries or agricultural land shall not be clubbed". Hence, by this understanding only income from other sources must be included for determining creamy layer. Please correct me if I am missing anything. Thank you.
please note that you would not be granted OBCNL certificate as your parents income is above 8 lakhs for last 3 years
Income from salary income of employees of private sector is not excluded from computing the annual income of the family.
You should read the circular properly to understand the underlying law.
Don't get disappointed at a later stage due to misinterpretation of the law.
Dear Client,
Your understanding aligns with the guidelines outlined by the Department of Personnel and Training (DoPT) regarding the determination of the creamy layer status under the Other Backward Classes (OBC) category. As per the DoPT guidelines, income from salaries and income from agricultural land are not to be included when calculating the total family income for determining the creamy layer status. The income/wealth test applies to individuals or families involved in trade, business, or professional activities. The threshold set is a gross annual income of ₹8 lakhs or more from sources other than salary and agricultural income. Since your mother’s business income of ₹4 lakhs annually is from a business, this income will be included in the assessment. In your case, the combined income from other should be assessed against the ₹8 lakhs threshold over three consecutive years to determine if your family falls under the creamy layer. For your situation, only your mother’s business income of ₹4 lakhs would be included in the calculation. Since this income is below the ₹8 lakh threshold, your family would likely not fall under the creamy layer, assuming the combined income from other sources (if any) also remains below ₹8 lakhs. Thus, you are likely eligible for OBC non-creamy layer benefits.
Dear Sir, Thank you for your response. I was able to obtain my parents income data for the financial year 2021-22. Combining both incomes it comes out to be less than 8 lakhs for FY 2021-22. Will I be eligible in this case where only one year out of the previous three consecutive years is satisfying the income criteria? Thank you
Yes you would be entitled to OBC NL certificate
The annual income of the family members should not exceed Rs. 8 lakhs in all the last three previous financial years, if it is less than Rs. 8 lakhs even in one of the last three years, the candidate is eligible for reservation under OBC NCL category
- If your parents combined income for three years is less than 8 lakh , then you are entitled to get OBC-NCL certificate.
- Hence, you are entitled to get the same.
Dear Client,
To determine your eligibility for the OBC non-creamy layer status, the Department of Personnel and Training (DoPT) guidelines are key. The DoPT's Office Memorandum stipulates that the assessment of income for determining the creamy layer status is based on the income over the last three consecutive financial years. Since you have mentioned that the combined income for FY 2021-22 is less than ₹8 lakhs, the key factor will be the income in the other two financial years. If the combined income in any one of the previous three financial years exceeds ₹8 lakhs, the family will fall under the creamy layer for that period. If your family's income was below ₹8 lakhs in all three consecutive years, you would be eligible for OBC non-creamy layer status.