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Bc reservation

Querist : Anonymous (Querist) 11 December 2011 This query is : Resolved 
tehsildar is refusing to issue me BC category certificate and forcing me to add my income tax return as i m also employed, but centre govt letter attached here clarifies that creamy layer status of candidate is determined on basis of parent's status,
is there any different rule in states than centre govt.
what step should i follow now,please guide me
thanks.
Raj Kumar Makkad (Expert) 11 December 2011
There are local laws and GO to deal with such situation. There is no harm if you enclose the income certificate pertaining to you if the same is the demand of Tehsildar.
Guest (Expert) 11 December 2011
Is there any harm in attaching the copies of IT Returns?

Better in addition to that show the provisions contained in para 8 of the DOPT Letter, which clearly states, as follows:

In regard to clauses (vi), (vii) and (viii) of para 4, it is clarified that the creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.
Querist : Anonymous (Querist) 11 December 2011
there is no harm in attaching it return but they are considering it as income and add it to father's pension,thereby showing that family ioncome has crossed limit of 4.5 lacs and i m ineligible for BC
Guest (Expert) 11 December 2011
Your income has no concern with your father's pension.
Querist : Anonymous (Querist) 11 December 2011
that i know sir but they are disagree with it
prabhakar singh (Expert) 11 December 2011
Para 8 of the clarification letter it self clarifies as below:

8. In regard to clauses (vi), (vii) and (viii) of para 4, it is clarified that the creamy layer status of a
candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse.

Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.

Represent him in writing referring this para 8 and if he still insists give him details of your income under protest and in case he declares you creamy layer considering your income,file a writ petition.
Guest (Expert) 11 December 2011
Request the Tehsildar to refuse grant of certificate and in writing and then challenge his order before the SDM of the Area on the basis of the aforesaid notification of the DOPT.
prabhakar singh (Expert) 11 December 2011
It means all replies given to you here before were without either not reading your attachment or they were not understood at then at all.Tehsildar reports and SDM issues.Is it not so.????????
Querist : Anonymous (Querist) 12 December 2011
yes sir, one thing more sir is there any difference between obc(centre) and bc(state) rules and regulations


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