Sunday, 24 February 2013

CREAMY LAYER : A MISTAKEN VERSION OF OBC RESERVATIONS


The word 'Creamy Layer' was introduced in 1971 to demarcate the wealthier part of the society and to exclude them from availing the reservations granted in various governmental jobs and educational institutions for the Other Backward Classes (OBC). 

      This definition was redefined properly by the Supreme Court of India in 1993 by drawing lines of exclusion for constitutional functionaries like The President , Vice President , Judges of the Supreme Court and High courts, employees of Central and State bureaucracies above a certain level, Public Sector Employees, Members of the armed forces and paramilitary personnel above the rank of colonel. The wards of persons engaged in trade, industry and professions such as a doctor, lawyer, chartered accountant, income tax consultant, financial or management consultant, dental surgeon, engineer, architect, computer specialist, film artists and other film professional, author, playwright, sports person, sports professional, media professional or any other vocations of like status whose annual income is more than 450,000.



The Mis-interpretation of 4.5 Lakh Income Limit.
·        The Income criteria is applicable only on parents income/ the post he or she holds. People wrongly assume that they don't belong to OBC category just because their own income is greater than 6 lakh. Note that your income or your husbands income doesn't matter while deciding the Creamy layer status. 

·        Secondly the Official Memorandum (OM) states that the income from salary and agriculture income cannot be CLUBBED. This is mistaken as ‘either income from salary is taken into account or income from agriculture’. But this is a misconception, they have nowhere used 'either/or' in the sentence to mean what people usually assume.

·        Thirdly, income limit criterion doesn't apply for the employees of Central and State governments. 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 4.5 lakhs are still eligible for the OBC non creamy layer certificates. Also to note that if an employee gets promoted to Class I cadre after his 40 years of age, his children still come under non-creamy layer, so note that 4.5 lakh criterion thus applies only for business class not for salaried government working class.

·        It is very unfortunate that even the competent authorities, who issue the non-creamy layer certificates are under this misinterpretation and reject the applications made by the candidate for wrong reasons.

·        Please download the copies of OM available on National Commision for Backward Classes website and talk to the concerned authorities with proper proofs.



References: OBC commision website  please visit to check all the detailed official memorandum

NOTE: THIS ARTICLE IS IN REFERENCE TO CENTRAL GOVERNMENT POLICY OF RESERVATION IN CENTRAL GOVT POSTS AND EDUCATIONAL INSTITUTES AND NOT OF STATE GOVERNMENT. INDIVIDUAL STATE GOVERNMENT HAVE THEIR OWN POLICIES
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30 comments:

  1. Explorer7 May 2013 at 00:08

    It is very useful. Thanks so much for sharing.

    ReplyDelete
  2. Anonymous15 January 2014 at 21:54

    If the father is govt. class1 officer and got promoted after his age of 40 and getting above 4.5 salary then his son is comes under NON-CREAMY LAYER?

    ReplyDelete
    Replies
    1. Unknown27 January 2014 at 09:12

      if ur parent is not a direct recruit class 2 ,,,,,,,,if he was class 3 ....thn got promoted to 2nd and 1st class after 40 thn he is creamy layer

      Delete
  3. Unknown16 January 2014 at 07:31

    This comment has been removed by the author.

    ReplyDelete
  4. Unknown27 January 2014 at 02:57

    hello,my father is subedar which is below the rank of colonel in army,but his salary crosses 6 lakh per annum. sinnce the new income limit is raised to 6lpa.do i come under non creamy layer.

    ReplyDelete
    Replies
    1. Unknown27 January 2014 at 09:11

      i would suggest you to check your fathers salary certificate for finding which group (A/B/C/D) your father belongs to.....then if u belong to either C/D then you are still eligible for OBC non creamy layer.....

      Delete
    2. Unknown24 June 2014 at 00:02

      This comment has been removed by the author.

      Delete
    3. Anonymous24 June 2014 at 00:14

      Dear Sir, Can you pls say where this point is exactly mentioned in OM, as I am not finding the same. This would be much helpful.

      Delete
    4. kadali14 October 2014 at 10:47

      Since your father's rank in the Army is below the rank of Colonel, you are eligible for OBC Certificate, unless otherwise your parents have income from other sources in excess of prescribed limit (presently 6 lakhs per annum.

      Delete
  5. Unknown27 January 2014 at 09:16

    Guys many people including your tahasildar wouldnt know about these stuffs ..........so you need to fight for it........but one of the best way is to use RTI when your application gets rejected....use wise questions in rti application and make them read the exact copy of orders passed by central govt....and ultimately you'll get ur certificates as i did get it

    ReplyDelete
  6. Anonymous11 February 2014 at 06:53

    Dear Sir my father and mother were class II (group II) govt.employee. my father has died before retirement and mother is still doing her class II ( group II) job. Does i fall in creamy layer or not.?

    ReplyDelete
    Replies
    1. Unknown26 February 2014 at 01:07

      IT SAYS-

      Provided that the rule of exclusion shall
      not apply in the following cases:
      Sons and daughters of
      (a) Parents both of whom are Class II
      officers and one of them dies or suffers
      permanent incapacitation.


      THUS YOU ARE ELIGIBLE FOR OBC CERTIFICATE......AS YOU ARE NOT EXCLUDED ACCORDING TO ABOVE RULE

      Delete
    2. Unknown26 February 2014 at 01:09

      I mean u are non creamy layer

      Delete
  7. Unknown27 February 2014 at 08:46

    my friend's father is a groub b officer...n her mother a housewife...according to the rules,i explained her she belongs to non creamy...but when she consulted with thashildar she was told she belongs in creamy layer...so what should she do further to get non creamy layer...suggestions...

    ReplyDelete
    Replies
    1. Unknown2 March 2014 at 16:29

      ask tahasildar to give it in written..........i mean u cant ask him directly.........but u can do that using RTI ........check how to write rti application on net.....ask tahasildar to provide the orders passed by govt of India, that he referred while stating that ur frnd belongs to creamy layer,,,,now to answer this question he will read all rules properly...........

      Delete
    2. Unknown2 March 2014 at 16:35

      This is a time consuming process.......unfortunately we have no other option.......but luckily we have to thank RTI .......at least we can question them,,,,,,I have fought with my tahasildar and have obtained my certificate after some 2 months of struggle....he was so stubborn at the beginning and was not ready to hear anyting,,,,,,,,but at the end he appreciated my efforts and congratulated,,,,,,,,,,but WARNING: PLZ U READ ORDERS CAREFULLY AND THN APPROCH....MAKE SURE U ARE 100% CORRECT......CHK WHETHER U BELONG TO CENTRAL OR STATE OBC....THIS IS ONLY FOR CENTRAL

      Delete
  8. Unknown27 February 2014 at 08:48

    this is my email id drshyam.b2h@gmail.com

    ReplyDelete
  9. Anonymous31 May 2014 at 23:44

    My father retired as class II employee from a Central Public Sector Enterprise. My mother is still working with state government as class II employee. Both of them got promoted to class II after 40 years. Myself working in a private company with more than 6 lakh annual income. Am i eligible to get non creamy certificate? If so , could you please help me to get the government order number stating the same. I tried ncbc website. But couldn't find any orders.

    ReplyDelete
    Replies
    1. Unknown2 June 2014 at 19:03

      http://www.ncbc.nic.in/Writereaddata/dopteng.pdf

      Try this............n read it properly....and ur income doesnt matter ....what matters is oly ur parents income..........

      Delete
  10. Anonymous14 June 2014 at 22:51

    sir, my father is an artisan in BHEL and mother is stenographer in govt. service....my family income (mother & father) exceeds 6.5 lakhs(DA + Basic) ...we do not have any agriculture land holdings....do i fall in non creamy layer...plz reply sir

    ReplyDelete
  11. Anonymous25 June 2014 at 21:23

    Sir my father is Associate Professor in a govt aided college ( the post is neither class 1 nor class2) and his salary is more than 6 lakhs per year. Am i eligible for NCL obc certficate?

    ReplyDelete
  12. Unknown26 June 2014 at 10:11

    Dear Sir, Pls tell me where the statement "If a employee gets promoted to Class I cadre after his 40 years of age , his children still come under non-creamy layer note that 4.5 lakh criterion thus applies only for business class not for salaried government working class" is mentioned on Office Memorandum". I am in need of this desperately. Kindly help me out.

    ReplyDelete
  13. Anonymous7 July 2014 at 12:18

    My Father works in a Pvt Ltd company as Construction foreman and mother works in state govt service in PHC as Nurse,and now salaries of both cross 6 lakh as of now. am i eligible for NCL certificate?

    ReplyDelete
    Replies
    1. kadali14 October 2014 at 10:49

      Only father's income will be the criteria for NCL, since income from salary is excluded.

      Delete
  14. Unknown25 July 2014 at 04:35

    my father is farmer has 4arcs land less than 4.5lac income , i'm a obc candidate comes under noncreamy layer or creamy? layer pls reply

    ReplyDelete
  15. Unknown27 August 2014 at 18:35

    My father is working as a manager in public sector bank. He earns an annual salary above 6 lakh. We dont have any other sources of income other than father's salary. Which category do I belong creamy layer or non creamy layer? Please reply at the earnest..

    ReplyDelete
    Replies
    1. kadali14 October 2014 at 10:52

      It depends on the factor, whether your father is a promotee to Class A or B from Class C before or after the age of 40; or directly appointed as Class A or B officer.

      Delete
  16. Anonymous11 November 2014 at 07:33

    Hi Sir,

    My father was a SBI manager and he retired in 2013 from service. Earlier during his tenure his last salary was above 6 lakhs. There is no equivalence of post of SBI posts to the Government grade or class. His pension is not above 3lakhs/annum. Will I fall under OBC creamy layer? My father joined as a clerk and he got scale III during his age of around 50 years. Please clarify.

    ReplyDelete
  17. Anupama19 November 2014 at 09:42

    my father was asst engineer in pwd till he was 50 years old.. now he is group A officer.. so does i come under obc non creamy layer category
    ????????????????????????

    ReplyDelete
  18. Unknown8 February 2019 at 14:56

    Hi..my self group c in railways .with > 6 lacks, am i eligible for NCL for attending other exams. ....

    ReplyDelete

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