Obc cl/ ncl status
I come under OBC category but I am not sure about my creamy/non-creamy layer status as my father though being a Central University Professor but is not exactly a Government Servant as the CCS Rules doesn't apply to him as the University has been created under the Act of the Parliament & works as an Autonomous body. (In the matter of Khandesh College Education v. Arjun Hari Narkhede, the Supreme Court of India affirmed that the Maharashtra Civil Services Rules, 1981 would not be applicable to university teachers and teachers of government-affiliated universities as they are not ‘government servants’. This decision was reaffirmed by the Apex Court in the case of State of Maharashtra v. Nowrosjee Wadia College).
The foremost provision while considering someone's OBC creamy/non-creamy layer status is if their parent is a Government Employee ? In my case while determining my OBC status will my father be considered as a Government Employee ?
a. if he is to be considered as a Government Employee, my father's retirement is due on 30.09.2022. Can I then be considered under OBC Non Creamy Layer?
b. If he is not considered as a Government Employee then, his income from salary/pension will not be considered while determining My OBC Non Creamy Layer status, is that correct ?