OBC Category Explained

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*****