Creamy layer in obc

raghu (Querist) 14 December 2011 This query is : Resolved
Do the sons/daughters of a notary public advocate of OBC category whose income is below 4.50 lakh fall in creamy layer? A line in this article (http://www.airwebworld.com/articles/index.php?article=1533) says that the children of lawyers come in creamy layer.

Follow Query

Report Abuse

Advocate. Arunagiri (Expert) 14 December 2011
It is the observation certain class of people (including the lawyers) are well settled, so they should also come under creamy layer.

In the same judgement the court had held
"but that should be done by the government at appropriate time after due empirical study"

So, the recommendations of the SC is not in implemented as on date.

So, the children of the lawyer can claim their OBC certificate depending upon their their father's income.

Raj Kumar Makkad (Expert) 15 December 2011
Children of lawyer are specifically debarred to claim such benefit so there is no scope as opined by Arunagiri.

Guest (Expert) 15 December 2011
Agree with experts.

Shailesh Kr. Shah (Expert) 15 December 2011
Agree with views of Shri Arunagiri.

Isaac Gabriel (Expert) 15 December 2011
The consideration for the issue of OBC is based on the income limit of 4.5 lakhs per annum and the profession is not the criterion.If the authority issuing the certificate is satisfied of the income limit of the parets,and the creamy layer concept,it can be issued to the son/daughter of the lawyer.Lned Arunagiri has rightly observed and suggested.

raghu (Querist) 15 December 2011
Dear expert panel,
The central government had notified notary public in gazette notification on 2nd week of january/2008 and so notary public are equal to a gazetted officer. But according to the creamy layer concept, children of a gazetted officer fall in creamy layer. Will the children of a notary public advocate too fall in creamy layer?

Advocate. Arunagiri (Expert) 15 December 2011
The status equal to a gazetted officer but income may not be equal to a gazetted officer.

Status is different, income is different.