OBC Category Explained
Lets
take a Imaginary family with names in all our examples and explanations
Father----
Rajesh
Mother
--- Rani
Son------
Satish
Daughter----
Swapna
Query 1
Whether the sons and daughters of
parents either of whom or both are directly
recruited into Class-II / Group-B / Group-II and not got promotion into Class-I / Group-A /
Group-I at the age of
40 or earlier be treated to be falling in Creamy Layer (i.e. Rule
of exclusion)?
Ans
- If both the
parents are directly recruited into Class-II / Group-B / Group-II then their
children will automatically fall under Creamy Layer, irrespective of their subsequent promotion to Class-I /
Group-A / Group-I. Their children are disentitled to reservation (i.e Fall Under Creamy Status).
Ex:
Let Rajesh and Rani Both are recruited directly
in class II / Group-B / Group II then Satish / Swapna will not be eligible for Non Creamy
Status whether their parents are
promoted or not.
So they will be Treated as creamy
so inturn general Candidates
- If
only one of the parents is
directly recruited into Class – II /Group – B / Group-II, the children will fall in the Creamy
Layer only
when the parent gets promotion into
Class – I/ Group – A /Group-I at
the age of 40 or earlier.
Ex
Let
Rajesh age is 25 at his Joining and rani is house wife and rajesh got recruited
in class II/Group B/ Group II and he got promotion into Class – I/ Group – A /Group-I at age 39(i.e Below 40(40
included)) then Satish/Swapna will
Not be eligible for Non Creamy
and they are treated as
creamy so in turn General Candidates.
- On
the contrary, if the promotion to Class-I / Group-A / Group-I is after 40
years, then the children will not fall in the Creamy Layer category.
Ex
Let
Rajesh age is 25 at his Joining and rani is house wife and rajesh got recruited
in class II/Group B/ Group II and he got promotion into Class – I/ Group – A /Group-I at age 45 (i.e above 40(40
Excluded)) then Satish/Swapna will
be eligible for Non Creamy and
they can enjoy OBC reservation
Query 2
Whether
the sons and daughter of parents either of whom or both are directly recruited
into Class-III / Group-C / Group-III will fall in Creamy Layer (i.e. Rule of
exclusion)?
No. (Meaning They Fall in
NON Creamy Category)
Explanation
- Only when either of the
parents is recruited into Class-I / Group-A / Group-I or when both the parents
are recruited into Class-II / Group-B / Group-II, the children will fall in the
Creamy Layer.
Ex
Let Rajesh and Rani Both directly Recruited as
into Class III/Group C/ Group III posts then satish / Swapna Fall under NON
creamy Status
But when Rajesh is Directly Recruited as Class-I
/ Group-A / Group-I and Rani is House Wife or
Rani is Directly Recruited in Class-I / Group-A / Group-I and Rajesh is not in Class-I
/ Group-A / Group-I … Then Swapna/Satish DONOT Come under NON Creamy Status and
they are treated as Creamy Layer Candidates and inturn General Candidates
And
also if
Let Rajesh and Rani Both are recruited directly
in class II / Group-B / Group II then Satish / Swapna will not be eligible for Non Creamy
Status So they
will be Treated as creamy so inturn general
Candidates
-
When either of the or both the parents are
recruited into Class-III / Group-C / Group-III or Class-IV / Group-D /
Group-IV, the children will not fall in the Creamy Layer. This position remains
the same even when one of the or both the parents get promotion to Class-I /
Group-A / Group-I before the age of 40 years itself.
Ex:
Let Rajesh and Rani Both directly Recruited as
into Class III/Group C/ Group III or Class-IV / Group-D / Group-IV, and Let
they both have been promoted Class-I / Group-A / Group-I at age of 39(below 40)
then still their Children satish /
Swapna Fall under NON creamy Status
If they are promoted From Class III/Group C/
Group III or Class-IV / Group-D / Group-IV, at age of 45 (above 40) still
satish /swapna Belong to NON Creamy OBC status(Refer Query 1)
Let Rajesh Both directly Recruited as into
Class III/Group C/ Group III or Class-IV / Group-D / Group-IV, and Rani House
wife and Let Rajesh have been promoted to Class-I / Group-A /
Group-I at age of 39(below 40) then still his Children satish / Swapna Fall under NON creamy Status
If Rajesh is promoted From Class III/Group C/
Group III or Class-IV / Group-D / Group-IV, at age of 45 (above 40) still
satish /swapna Belong to NON Creamy OBC status(Refer Query 1)
Query
3
Whether
the sons and daughters of parents of whom husband is directly recruited into
Class-III / Group-C / Group-III or Class-IV / Group-D / Group-IV and he got
promotion at the age of 40 or earlier be treated to be falling in creamy Layer
(i.e. Rule of exclusion)?
No.
(Meaning they are still treated as Non Creamy Status)
Explanation:
Same
As ABOVE (Infact Already Explained above)
Query
4
Whether
a candidate who himself is a directly
recruited Class-I/Group-A /Group-I or Class-II / Group-B /Group-II officer who
got into Class-I / Group-A / Group-I at the age of 40 or earlier be treated to
be falling in Creamy Layer (i.e. Rule of exclusion) on the basis of his own
service status?
No.
(Meaning they are still treated as Non Creamy Status)
Explanations:
- 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 of his / her spouse. 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.
Ex
Let
Satish/Swapna is Direclty Recruited as Class-I/Group-A
/Group-I or Class-II / Group-B /Group-II officer and later Prompted to Class-I
/ Group-A / Group-I at age of 39 then he still belong to Non Creamy Status as The creamy or Non Creamy Status Depend only on rajesh/Rani --Status / income But not on His own
service status.
Query
5
Whether
a candidate whose annual
gross
income is more than Rs. 4.5 Lakh
per annum
(Rs.4.00 Lakh only in the
case of Govt. of A.P.)
be treated to be falling in the Creamy Layer (i.e. Rule of exclusion) on the basis of
his own income?
No.
(Meaning they are still treated as Non Creamy Status)
- It
is clarified that the Creamy Layer status of a candidate is determined on the basis of the income
of parents and
not on the basis of his own income
of his / her spouse.
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
Ex:
Let Satish/Swapna Has a Annual Income of 7 Lakhs
Per annum then he will fall in OBC Creamy or Non Creamy Depending On the Salary
of his Parents (Rajesh/Rani) But Not on His Own salary.(See Query 6 for Better Understanding)
Query
6 (**Most Important and Largest Misconception In OBC Status **)
What
is the scope of the explanation “income
from salaries and agricultural land shall not be clubbed” given under income /
wealth test?
What
is its implication to the sons and daughters of employees working
under State and Central
Govts, Public under-takings, Universities, Banks, Insurance organizations etc?
Explanation:
- The
scope of the explanation is that while applying the income / wealth test to
determine Creamy Layer status of any candidate, the income from the salaries and income from the
agricultural land shall not be taken into account. In addition, they shall not be clubbed with the
income from other sources also.(i.e if they have business etc)
- It
means, if the income from
salary / salaries of the parents of a candidate is more than Rs.4.50 Lakh per
annum
(Rs.4.00 Lakh only under Govt. of A.P), income from agricultural land is
also more than Rs.4.50 Lakh per annum (Rs.4.00 Lakh only under Govt. of A.P),but income from other sources is
less than Rs. 4.50 Lakh per annum (Rs.4.00 Lakh only under Govt. of A.P), the candidate shall not be treated to be falling in the
Creamy Layer
on the basis of income / wealth test, provided his parents do not possess wealth above the
exemption limit prescribed in the Wealth Tax Act for a period of three
consecutive years.
- It
clearly indicates that income from salaries and agriculture shall
not be taken into account or they be clubbed with income from other sources while applying the
income / wealth test.
- It
is very likely that the
authorities connected with issue of caste certificates may club the income from
salary and income from agriculture also and deny BC / OBC Caste Certificates to eligible candidates
on the basis of income criterion
i.e. income exceeding the prescribed limit.
It is, in fact, against the existing rule position.
- This
has relevance particularly to the sons and daughter of employees working under
State and Central Govts, Public undertakings, Universities, Banks, Insurance
organizations etc. The salary and agricultural income of
the parents shall not be taken into account for determining the Creamy layer
status for their children
But, if they have income more than Rs. 4.50 Lakh per annum
(Rs.4.00 Lakh only under Govt. of A.P) from other sources, only then they be
treated to come in the Creamy
Layer category.
Ex
Let Rajesh is Working
in State
and Central Govts, Public undertakings, Universities, Banks, Insurance organizations
or even in private Organizations etc in any one of the
Above organization And earns a salary more than 6 Lakhs Per Annum and He
also Posses a land where on it he cultivated rice and earned 5 lakhs per annum
so total 11 lakhs per annum he is earning and let these two are only source of his income and his survival so even though it crossed the slab of
4.5 Lakh per annum
Still his Children fall
under Non Creamy Status as Agricultutre and Salary are not included in
determining the Slab of 4.5 Lakhs.
Now Again,
Let Rajesh is Working
in State
and Central Govts, Public undertakings, Universities, Banks, Insurance organizations
or even in private Organizations etc in any one of the Above organization And earns a salary more than 6 Lakhs
Per Annum and He also Posses a land where on it he cultivated rice and earned 5
lakhs per annum so total 11 lakhs per annum and he kept a cloth shop/any Business in his area let he earns 5 lakhs Per
annum and this is treated as
other source of Income and 5 lakhs per Annum is
treated as above the maximum slab of 4.5 Lakhs Per Annum so his children(Satish/Swapna)
doesn’t fall under NON Creamy and they are treated as creamy so in turn
general.
*******So whether The Slab is 4.5 Lakhs per annum or 6 lakhs annum or anything if increased in future the explanation Remains the same*****
