Criteria to Determine the Creamy Layer Amongst OBCs
This post is mainly prepared for the persons who want to apply in the exams conducted by any Central Government recruiting agencies or any State Government recruiting agencies, like UPSC, Staff Selection Commission (SSC), Delhi Subordinating Services Selection Board (DSSB), or who want to take any benefits from the government whether the Central Government or any State Government on their being falling under OBC Category. Hope it’ll be very very useful for them.
Criteria to Determine the Creamy Layer Among OBCs
The creamy layer status of a candidate (even for married lady) for whole lifetime is decided by parent’s post / agricultural land / income in following manner:
- For Government Servant parents—- by post/class; not by salary
- For farmer parents—- by land holding
- For businessmen parents—- by annual income
1. 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 or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, 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.
2. a) Parents either of whom or both of whom are directly recruited Class I/Group A officer(s).
b) Parents both of whom are directly recruited Class II/Group B officers.
c) Sons and daughters of parents who are included in the creamy layer on the basis of service status of their parents shall continue to be treated in creamy layer even if their parents have retired or have died after retirement.
d) Sons and daughters of parents of whom only the husband is a directly recruited Class II/Group B officer who gets into Class I/Group A at the age of 40 or earlier are treated to be in creamy layer. If the father is directly recruited Class III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and daughters shall not be treated to be falling in creamy layer.
3. The criteria prescribed for determining creamy layer status of sons and daughters of persons in Government service also applies to the sons and daughters of persons holding equivalent or comparable posts in PSUs, Banks, Insurance Organizations, Universities, etc. and also holding equivalent or comparable posts and positions under private employment.
The creamy layer status of the sons and daughters of employees of organizations where evaluation of he posts on equivalent or comparable basis has not been made is determined on the basis of ‘Income/Wealth Test’ given in the Schedule.
The Income/Wealth Test prescribes that the sons and daughters of persons having gross annual income of Rs 8 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years would be treated to fall in creamy layer. An explanation is given below the Income/Wealth Test which provides that `income from salaries or agricultural land shall not be clubbed.
4. Creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-a-vis posts in Government has not been evaluated is determined as follows:
Income of the parents from the salaries and from the other Sources [other than salaries and agricultural land] is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources [other than salaries and agricultural land] exceeds the limit of Rs.8 lakh per annum for a period of three consecutive years, the sons and daughters of such persons shall be treated to fall in creamy layer.
But the sons and daughters of parents whose income from other sources is also less than Rs.8 lakh per annum and income from other sources is also less than Rs.8 lakh per annum will not be treated as falling in creamy layer even if sum of the income from salaries and the income from the other sources is more than Rs.8 lakh per annum for period of three consecutive years. It may be noted that income from agricultural land is not taken into account while applying the Test.
- A lady belonging to OBC category who has got married to a Class I officer, may herself seek benefit of OBC reservation.
- OBC candidate has to submit the details (status/income) of ‘father’ and ‘mother’ only and not of the ‘self’ in ‘Application form prescribed to get OBC certificate’.
- If you are selected for, the post of IPS trough UPSC civil services examination and want to apply again to become an IAS, even though you are eligible for OBC reservation on the basis of parent’s (father, mother) status.
CENTRAL LIST OF OBCs
CLICK HERE TO SEE
NOTE-I: To claim OBC reservation benefit, you need two certificates i.e. the caste certificate and the creamy layer certificate. It should be in the format provided by SSC.
NOTE-II: OBC Castes fall in two categories namely ‘State’s own list’ and ‘Central government’s list’;, which are different. To apply in the Staff Selection Commission (SSC) your caste MUST be in central list.
Certain Chaudhari caste in Gujarat are in state backward list but not in the central backward list. Meaning, such person can claim reservation when applying for Gujarat University/GPSC but he cannot claim reservation when applying for IIM/UPSC/SSC/Banks.
NOTE-III: Candidates claiming OBC status may note that certificate on creamy layer status should have been obtained within three years before the closing date for receipt of application. This depends on the income/status of your PARENTS (this is clearly mentioned in page 10 of the official notification), means this doesn’t depend on your own job/business OR your husband’s job/business.
If your mom/dad is government employee then INCOME criteria doesn’t apply. (e.g. if dad is class-3 employee, then it doesn’t matter whether he gets 8 lakhs or 9 lakhs. You’re still non-cream layer. If your parents have private business, then income criteria applies. (Max. 8 Lakh rupees annual income)
In short, make sure you’ve these certificates, else make trip to Tehsildar’s office/Collector Office/Jan-Seva Kendra and get the proper certificates. Otherwise, SSC will reject you at the last stage, during document verification and your entire year will be wasted for nothing.