OBC Non Creamy Layer

3 years ago

I want to apply for OBC non creamy layer and want to know about my eligibility for the same.

1) Service Criteria

My mother is a homemaker and my father is an Assistant Professor in Central Govt. He is a directly recruited Class B officer and only became Class A Officer after the age of 40 years. The "salary" is above 8 lakhs per annum. We don't have other source of income apart from our salary. By our caste, we are OBC.

Exclusion Criteria for Service:

A) Salary of govt employees (and agricultural income) are not considered under income criteria. Source: National Commission for Backward Classes Report, Page 8, Explanation (i)

B) If only one parent is a directly recruited Class B employee before 40 years, the child is eligible for non creamy layer.

(Had both the parents been directly recruited before 40 years, only then the child would have come under creamy layer).

(Also had the father been a directly recruited Class A officer, only then the child would have come under creamy layer).

Source:
A) National Commission for Backward Classes Report, Clause B, Page 26.

B) National Commission for Backward Classes Report, (II) Service Criteria, (B) Class B Officers: sub-part (b), Page- 4.

So, I suppose we are eligible to get non creamy layer benefits through Service criteria.

2) Urban Agricultural Land.

We have unirrigated agricultural land in an urban area below the statutory limit.

Exclusion Criteria

A) As per National Commission for Backward Classes Report, (V) Property Owners, (A) Agricultural holding, Sub part (ii), Page 6, Unirrigated agricultural land below the statutory limit will be excluded from calculating non creamy layer status.

B) Urban agricultural land are not considered for wealth tax (as per many High Court & Supreme Court judgements available online) so it also does not come under wealth/income test of National Commission for Backward Classes Report, (VI), page 7.

3) Residential Building

We have a 3 storeyed residential building which is being used solely for living purpose.

Exclusion Criteria

A) Any one building has been exempted from wealth tax as per the Govt Wealth Tax Document. So, it also does not come under Wealth/income test of National Commission for Backward Classes Report, Part (VI), page 7.

4) Commercial Building under Construction

We are constructing a commercial building which is under construction. I believe any building which is under construction is also exempted under wealth tax as per the Govt Wealth Tax Document.
So, it also does not come under wealth/income test of National Commission for Backward Classes Report, Part (VI), page 7.

The reason for mentioning about wealth tax is that although it has been abolished, it is being used to decide the non creamy layer status for OBCs. Source: National Commission for Backward Classes Report, Part (VI), page 7.

Kindly give your valuable interpretation taking all the four conditions into consideration. Thank you.