Govindaraju 09 January 2021

Nri parent children studying in india_obc _ non creamy layer

I am working in the Gulf country but my son is studying in grade 12 in India. Is he eligible for a Non-creamy layer OBC certificate for the purpose of joining IIT/ NIT.?

For the Non- creamy layer OBC certificate the Government set an annual income of 8L. The Income I am getting in India which comes from Bank FD which is less than 8 L/ annum. My salary in Gulf is more than 8L / annum.

There is no clear information wether my son is eligible to get the non-creamy layer OBC certificate.

I need an expert opinion on this issue.

Thank you

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Ishaan 10 March 2021

In order to qualify as an OBC non-creamy layer candidate, the applicant’s parents’ annual income should be less than Rs. 8 lakhs.

Salary and agricultural income are not to be considered as income for calculating annual income for creamy layer status. As far as the Government employees are considered, the entry cadre/post is to be taken into consideration.

While applying the “Income/Wealth Test” to determine creamy layer status of any candidate, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from other sources other than the salary and agriculture exceeds the income limit, then only the candidates shall be treated as Creamy Layer.

Note: When the creamy layer concept was introduced, the income limit was set at Rs 1 lakh per annum (1993). Thereafter, it was raised to Rs 2.5 lakhs p.a (2004). It was subsequently increased to Rs 4.5 lakhs p.a. in 2008 and then to Rs 6 lakhs p.a in 2013. The current limit is Rs.8 lakhs per annum.

But If the parents are earning more than 8 lakhs but their rank is below that of group B officers, candidate will still come under Non-Creamy Layer.

As per rules, group category A & B (Service Category), the son(s) and daughter(s) of Group A/Class I Officers and both the parents of Group B/Class II Officers only are excluded from availing the benefit of reservation. All other Officers i.e. if only one of the parents is a Group B/Class II Officer and all the Officers below the Category II Officers are entitled to avail the rule of reservation unless their other income other than the salaries and agricultural land exceeds the income criteria limit prescribed.

As far as Group B/Class II Officers are concerned, if one of the parents of the children while working as Group B/Class II Officer gets into Group A/Class I Officer at the age of 40 or earlier, then also the children are not entitled to the benefit of reservation. But in case the Group B/Class II Officer gets into Group A/Class I Officer after the age of 40 years, the children are entitled to get the reservation.