• OBC NCL

If someone is already working in central govt. PSU class C job earning more than 8 lacs per annum , will he be eligible for OBC NCL reservation if he apply for any other PSU or govt exam in same or different departments.
Will the income of applicant will also be counted in family income?
Asked 10 days ago in Labour

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10 Answers

Earning more than 8 will disentitle such person to apply of NCL. There is no way he can get such certificate. 

Ravi Shinde
Advocate, Hyderabad
4647 Answers
42 Consultations

income of applicant is not considered only that of his parents 

 

you would be entitled to OBC NL if your parents income is not more than RS 8 lakhs per annum 

Ajay Sethi
Advocate, Mumbai
97952 Answers
7943 Consultations

The Supreme Court has held that an individual candidate's income was not required to be clubbed with the income of the parents for the purpose of determining " creamy layer" to exclude a person of backward class from the benefits of reservation.

Referring to the Centre's Office Memorandum of 1993 on the issue and judgements of the apex court, a bench comprising justices J S Khehar and Arun Mishra set aside the decision of the Punjab and Haryana High Court which took consideration of the income of the candidate, a chartered accountant, to declare that the family belonged to the "creamy layer".

"The aforesaid determination was rendered by reading down the policy instructions issued by the state government, on the basis whereof, the backwardness of a candidate had to be adjudged.The aforesaid policy instructions were read down, to include the income of the person concerned, along with the income of the parents of the person, contemplated by the policy instructions," the bench said.

"It is not possible for us to accept, that the individual's own income could have been taken into consideration," the bench said after analysing the Centre's office memorandum of September 8, 1993 issued by the Ministry of Personnel, Public Grievances & Pension (Department of Personnel & Training).

The apex court noted that even with reference to category IV, which includes professional's (like CA), the income of the professional, has not been included.

"Thus viewed, we are satisfied, that on the plain reading of category VI of the office memorandum of September 8, 1993, that it was not the income of the individual concerned, but that of his parents, that would determine whether he would fall within the creamy layer or not," the bench said while allowing the appeal of a candidate

Ajay Sethi
Advocate, Mumbai
97952 Answers
7943 Consultations

The candidate's income is not considered for eligibility for an OBC Non-Creamy Layer (NCL) certificate. Only the income of the applicant's parents is considered. 

T Kalaiselvan
Advocate, Vellore
88154 Answers
2382 Consultations

You can search for circular issued by national commission for backward class and also DOPT.

T Kalaiselvan
Advocate, Vellore
88154 Answers
2382 Consultations

- As per the Supreme Court , when determining the 'creamy layer' status for Other Backward Classes (OBC) Non-Creamy Layer (NCL) eligibility, a candidate's personal income is not considered. Instead, the focus is on the parents' income, excluding salaries and agricultural income.

- Hence , you are entitled for OBC NCL. 

Mohammed Shahzad
Advocate, Delhi
14951 Answers
227 Consultations

The salary income has not considered for the NCL application. The total income of all family members are considered as same is family income. Agricultural income not considered 

Prashant Nayak
Advocate, Mumbai
33188 Answers
218 Consultations

Yes, if a person is already working in a Central Government PSU (Class C job) and earning more than ₹8 lakh per annum, their own income is NOT counted while determining OBC-NCL (Other Backward Classes - Non-Creamy Layer) eligibility. Only the income of parents is considered, not the applicant's income.


Government Circular/Rule Clarification:

The clarification regarding this is available in DoPT Office Memorandum No. 36033/1/2013-Estt.(Res) dated 27.05.2013, which states that:

  • Income of the applicant (i.e., the person applying for reservation) is NOT considered.
  • Only the income from salaries and business/profession of parents is taken into account for determining the creamy layer status.


Where to Get the Official Circular?

You can download the official DoPT OM from the Department of Personnel & Training (DoPT) website or refer to:
🔹 DoPT Office Memorandum No. 36033/1/2013-Estt.(Res) dated 27.05.2013
🔹 Available at: https://dopt.gov.in/ (Navigate to OBC Reservations Section)


Conclusion:

Since the applicant's own income is not considered, they can still claim OBC-NCL reservation in a different PSU or government department, provided their parents' income is below ₹8 lakh per annum (excluding agricultural income).

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
803 Answers
3 Consultations

Dear Client,

In general, the income criterion for OBC NCL reservation originates from the earnings of the parents rather than from the candidate's own earnings, particularly in unmarried applicants. Thus, for instance even if you are earning above 8 lakhs in a central government PSU class C job, your eligibility for OBC NCL in any other government or PSU exams would be judged on parental basis income. Guidelines further clarifying this have been provided in an Office Memorandum issued by the Ministry of Social Justice and Empowerment. A client could look up this circular on the Ministry's official website or go over relevant notifications put out by the Department of Personnel and Training. Recent documents should therefore be reviewed by a legal expert in order to know whether one qualifies under NCL eligibility criteria completely.

Hope this helps. Please reach out if you have any further legal queries.

 

Anik Miu
Advocate, Bangalore
10518 Answers
122 Consultations

For determining eligibility under the OBC Non-Creamy Layer (NCL) category, only the income of the applicant’s parents is considered, excluding agricultural income, while the applicant's own earnings are not taken into account. This means that if someone is already employed in a Central Government PSU Class C job and earning more than ₹8 lakh per annum, their salary does not affect their OBC-NCL status when applying for another government job or PSU position. As per the Department of Personnel and Training (DoPT) Office Memorandum No. 36033/1/2013-Estt. (Res.) dated 27th May 2013, the income limit for OBC-NCL is determined solely based on parental income, and the applicant’s own income is irrelevant for this purpose

Aman Verma
Advocate, Delhi
376 Answers

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