Plz discuss all your issues for OBC certificate here.
My certificate is post 3 march 2020.. however my state format one is before that date. Plz suggest what to do.. or share your experience.
Note : This is being made the official thread for OBC certificate related issues.
Hi
I am state govt employee and joined as gazetted officer (class 2 )in MP .
But i am OBC and my father retired from his job as class 3 employee fulfiling the criterian of non creamy layer obc certificate.
Am I able to get age relaxation or concession of obc on creamy layer status .
Yes, you are. It's your parents' income and status that are taken into account and not yours for non-creamy layer criteria.
Further, the salary and pension of parents belonging to Class 4, 3, 2, and promoted Class 1 officers after the age of 40 are not taken into account while calculating annual income for non-creamy layer criteria.
PSU and government employees are treated differently when it comes to including salary or not. Some candidates have been denied service in the past because their parents were in PSU and hence, wealth test was applied on them based on salary.
+1
Nearly ever year. At least I know of it since 2009. The government has not done the grading in PSUs and after getting the NCL certificate from HoD in PSU, govt has come up with its own findings and denied NCL benefits.
However, in that case you are treated as a general candidate , and not debarred from misrepresentation of facts or anything.
tl; dr : yes people face issues, but risk can be taken
Entire legal soup:
So original notification said that in applying income test: "Income from salaries and agriculture operations will not be clubbed with any other sources of income."
To me, it simply means that you don't add salary with other sources to claim that prescribed limit is crossed (8 lacs). Eg 6 lac salary, 3 lac share dividend
But some secy in 2004 interpreted it to mean that you don't count salary at all. Cool.
But weirdly, he also concluded that you count same wrt PSUs etc. Without recording any reason for this differential treatment. (I read somewhere that probably it is so since PSU offers a lot of perks, so cant equate them with ordinary govt employees. imho, this is not sound legal reasoning)
Now there exist some CAT & HC decisions where they apparently invalidated this distinction. (But still you'd face issues, b/c even SC rulings don't settle stuff in practice, eg s. 66A IT Act FIRs :D)
Moreover there also exist contradictory decisions where they uphold my interpretation of "clubbing" to count salary. All these cases related to PSUs, but I fear similar reasoning can be extended to ordinary employees. In practice, ordinary employees' kids don't face such issues, since, govt only messes up with PSU cases (as per its differential interpretation).
So there exist layers of legal inconsistencies in this area. Ideally, SC should have settled these issues at least a decade ago, but it remains too busy playing an attention seeking bureaucrat (PILs, daily commentary and all that jazz), while EWS case, 50% limit, OBC cut off getting higher than general in some PCS exams etc are pending for years.
Similarly, PSUs etc should have got relevant grading. Income test for them was an adhoc mechanism, after all.
But reservation is a political game. It pays to keep it an ad-hoc mechanism, to play ping pong with electoral promises and judicial review. I think I'll see OBC reservations' phasing out, and sub-categorization exercises making creamy layer concept irrelevant, before SC gives any final word on the aforesaid issues.
This order will answer most questions on the law as it exists now (though some of it may not make sense)
https://documents.doptcirculars.nic.in/D2/D02adm/36033_5_2004-Estt.Res-14102004B.pdf
@Neyawn sir, i am obc (ncl) but my father's "Salaried" income is greater than 8 lac, am I eligible for obc reservation?
P.S:- my Father is not in PSU or any group A/B service.
I am facing issues travelling to my hometown and don't want my 70+ aged parents to go to the govt offices (corona et al). I have already applied using last years certificate dated 4th Feb 2020. Trying to travel and arrange new certificate before last date as well.
I had read in many posts that OBC certificates are valid for three years and that many people have applied using old certificate and only had to submit a new certificate before the interview. But since this year's notification specifically asks for certificate based on FY 2019-20 I am worried that my candidature might get cancelled. Anyone else facing similar issues? Has anyone applied for CSE 2021 using last year's or older certificate?
Thanks in advance.