Creamy layer

Dear Sir

My son is a 17 years old OBC candidate from Gujarat. My  and my wife's total income from business is Rs.3,10,000 pa .ly.

I wish to issue a non-creamy layer certificate for my son studies in MBBS.And he want to get admission in any college in GUJARAT

So my questions are-

1) Am I an eligible candidate for getting the non-creamy layer certificate?

2) And would the gujarat government be giving me the NCL / OBC certificate according to the indian government  rules or  it has different rules?

3)What is the INCOME LIMIT  as per  Gujarat Government for SEBC ?

4)What is the INCOME LIMIT  as per Indian Government for OBC ?

yours faithfully,

Anil Gandhi

well practically you are not elegible to get non - creamy layer, limit is around 1.80 lacs per annum please confirm the same from your local advocate.

best would be describing income lower then 01 lacs but as your current income is more than 1.80 you do not fall in non-creamy layer category.

you can get obc / sebc certificate as applicable but you will not get creamy layer for  either of them.

I request all the Visitors of this page to write an open letter to Shri Fakirbhai Raghabhai Vaghela Minister,Social Justice and Empowerment, Gujarat E-mail: min-swd@gujarat.gov.in to request Him to increase Income Limit up to 6.0 lkh for NCL/SEBC (Socially and Educationally Backward Classes ) for gettting admission in any college in Gujarat and job prospects of Gujarat state.

Draft

Dear Sir,
Determine the 'Creamy Layer” amongst SEBCs. (Socially and Educationally Backward Classes)

According to the aforesaid G.R. SSP-1194-KH-109-A-of-01-11-1995 dated 01-11-1995 “income criteria” are to be reviewed and modified every three years or less.

Even though there were clear directions for such review, there was only one review after 9 years in 2004 revising the original limit of Rs. 1 lakh to Rs. 2.5 lakh.Since then there is no Change.

NCL/OBC income limit is 4.5 lkh by Government of India,from 2008
NCL/SEBC income limit is 2.5 lkh by Government of Gujarat,from 2004

This is a clear case of violation of Article 16(1),16(4)and
violation of Article 14 in The Constitution Of India 1949 [Constitution]

The protective discrimination in the shape of job,
reservations under the limit to be prescribed
should not be such as to result in
taking away with one hand what is given
with the other. The income limit must
be such as to mean and signify social
advancement.

So We demand this limit to be raised to Rs.6 lakh as,

Average expenditure for higher education of one child is Rs.1.0 lakh per annum and therefore expenditure of two children from a family will be Rs.2.0 lakh per annum.
SEBC income limit for Non-creamy layer certificate in different states of india is as per given below.

1)Kerala 4.5lkh from 05/10/2009
2)Maharastra 4.5lkh from 1/04/2009
3)U.P. 5.0lkh from 20/10/2008
4)M.P. 4.5lkh from 02/06/2009
5)Chattisgarh 4.5lkh from 24/06/2009
6)A.P 4.0lkh from 04/04/2006
And so on

Regards,

Query regarding Clause VI (a) of Creamy layer criteria ( Income Limit)

Dear Sir,

As per Clause VI (a) of Creamy layer criteria “Persons having gross annual income of Rs. 4.50 lakh or above (The Income limit has since been raised from Rs. 1 lakh to Rs.2.5 lakhs w.e.f. 09.03.2004 vide DOP2T O.M, No. 36033/3/2004-ESTT(Res) dated 09.03.2004 and subsiquently raised to 4.5 Lacs vide DOPT O.M Dated 14.10.2008.) for a period of three consecutive years or possessing wealth above the exemption limit as prescribed in the Wealth Act for a period of three consecutive years will be treated as creamy layer.

According to my interpretation is,

Here the word “for a period of three consecutive years” is important means that from last 3 financial years if the income of any one financial year is less then Rs. 4.50 lakh (The Income limit has since been raised from Rs. 1 lakh to Rs.2.5 lakhs w.e.f. 09.03.2004 vide DOP2T O.M, No. 36033/3/2004-ESTT(Res) dated 09.03.2004 and subsiquently raised to 4.5 Lacs vide DOPT O.M Dated 14.10.2008.) will not come under creamy layer and get the reservation.

    Year                     Income

2007-2008             2,00,000.00 Rs.

2008-2009             4,60,000.00 Rs.

2009-2010             5,60,000.00 Rs.

Q.1. As per my interpretation a person with annual income ( business 

income” )as per above mentioned years for three consecutive years does not come under creamy layer as his income for one of the three consecutive year is less than Rs. 4.5lakh/annum.

Is my interpretation right or wrong ?

Please give me quick reply as my son would be having his counseling for admission into engineering college this July 2010.

Regards.

Anil

as the income is more than 4.5 lacs you are not elegible

Does SEBC same as OBC ? Whats the differences between OBC and SEBC ? Can I give the SEBC certificate instead of OBC certificate while applying for any post ?

The website of dept of personel and training govt of India says that

"In regard to clause (ix) of para 4, it is clarified that the creamy layer status of sons and
daughters of persons employed in organizations where equivalence or comparability of posts vis-
à-vis posts in Government has not been evaluated is determined as per the wealth/income criteria"

My question is which are such organisations? Is UN (United Nations) one of them?

Thanks in advance for your kind reply..

Three consequetive years mean the average of the three years income will be taken i.e. (three years income divided by 3)