Other Backward Class or OBC is a term used by the Government of India in order to classify castes which are educationally or socially disadvantaged and as per the Mandal Commission Report of 1980, the OBCs supposed to compromise 52% of the country’s population which as per the National Sample Survey Organisation, shrunk to 41% by the year 2006. As per the Indian Constitution, OBCs are viewed and described as socially and educationally backwards classes and Government of India has taken the responsibility to ensure their social and educational development. It was in year 1985, when the responsibility to look after the OBCs was shifted from the Ministry of Home Affairs to the Ministry of Social Justice and Empowerment, which looks after the policy, planning and implementation of programmes relating to social and economic empowerment of OBCs.

OBC Certificate Eligibility & Application

Article 340: OBC Commission of India

As per the Article 340 of the Indian Constitution, Indian Government is obligated to look after the welfare of the Other Backward Classes:

The president may by order appoint a commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labor and to make recommendations as to the steps that should be taken by the union or any state to remove such difficulties and as to improve their condition and as to the grants that should be made, and the order appointing such commission shall define the procedure to be followed by the commission……A commission so appointed shall investigate the matters referred to them and present to the president a report setting out the fact as found by them and making such recommendations as they think proper.

— Article 340 of the Indian Constitution

In further addition to the Article 340 of the Indian Constitution, in the year 1992 Supreme Court of India gave a ruling to reserve 27% of civil service positions for the OBCs.

OBC Commission of India has divided OBC category into two different sections: Non-creamy layer (OBC-A) and Creamy layer (OBC-B) and as the name suggests, where the later section belong to the section of OBCs who are relatively wealthier and better educated members of the OBCs as compared to the former ones. Creamy layer of OBC is generally compared to the general category. This further bifurcation of the OBC is done with the intention of dividing relatively socially advanced and qualified/better educated section of OBC in order to exclude them from getting any kind of reservation and government sponsored programmes. Also creamy layer OBCs are looked upon as well-off Indians and thus those who come under cremay layer OBCs have:

  • Annual income of 6 lacs or above i.e. professionals, agriculturists, landlords etc.
  • Top government posts i.e. Group A/B employees.
  • Constitutional posts i.e. Presidents, Governors, Supreme Court Judges etc.
  • Supreme Court of India has excluded OBC children of the following from getting any reservation benefits:
    • President of India
    • Judges of Supreme Court and High Court
    • Public Sector Employees
    • State and Central government employees above certain posts
    • Armed forces and paramilitary forces candidates above Colonel rank.

OBC: Creamy And Non Creamy Layer

Unfortunately in India, most of the people are unware about what is called as creamy and non creamy layer and are thus subject to harassment whereas if your family annual income is less than Rs 8 lacs per annum, then you are entitled for a OBC Creamy Layer certificate which makes you eligible for benefits like relaxation of age etc.

The basic difference between creamy and non-creamy layer is based on the annual income of the family from the combined sources and in case your family combined annual income from all the sources in less than 6 lacs per annum, then you fall under non-creamy layer of the Other Backward Class. The criteria of creamy and non-creamy layer is based on the annual income of your parents and not on your annual income and thus if your parents income falls below the pre-defined amount for three consecutive years then you fall under non-creamy layer and are thus entitled for reservations in public posts and other benefits that come along.

What is Non-Creamy Layer Certificate?

A non-creamy layer certificate is given to an OBC candidate in case his parents annula income from all sources does not exceed 6 lakcs rupees for three consecutive years and thus it makes you entitled and eligible for various perks and reservation in public posts and government sponsored programs such as scholarships, recruitment, admissions etc. A candidate falling under non-creamy layer is eligible for a lion’s share of reservation i.e. 27% in government jobs and all government sponsored programs.

Non-creamy layer certificate was first introduced in the year 1993 by the former Prime Minister Mr. V.P Singh and is issued by the Thasildar of the concerned State Government and thus the process of obtaining the same varies from state to state. A candidate holding a non-creamy certificate enjoys certain allocation in top educational institutions like IITs and IIMs. As per 7th pay commission recommendation, the validity of non-creamy layer certificate is one year for the Central Government whereas it is 3 years for the State Government.

While calculating the annual income of the parents, in case the parents are having any other means of income then that income will be added to their annual income and the combined result should be lesser than the predefined amount for the candidate to obtain non-creamy layer certificate. However, the income received from farming and agriculture is not accounted in the parents annual income.

Eligibility Criteria for obtaining non-creamy layer certificate:

  1. The very first and foremost criteria for obtaining non-creamy layer certificate is that the candidate should belong to the non-cremay layer of the Other Backward Class of the society.
  2. If either your both or any of the parent is working under Group C and D of the Central Government and under Group II, III and IV of the State Government then you can apply for obtaining non-creamy layer certificate.
  3. If the husband is working under Central Government then his wife can apply for the OBC certificate provided her parents do not receive any kind of income.
  4. You must be a permanent resident of India.
  5. You must have a OBC certificate.
  6. You must be having a domicile of the state you are applying from.

Also, those who cannot apply for the non-creamy layer certificate are as mentioned below:

  • If your parents income from all sources,except that of farming and agricutlure is more than 8 lacs then you are not eligible for obtaining non-creamy layr certificate.
  • If your parents are working as a professional i.e. if they are either a business person or a doctor etc having their annual income more than 8 lacs then you are not eligible for the non-creamy layer certificate.
  • If your parents are working under Group B and C of the Central Government or under Group 1 of the State Government then you are not eligible for the certificate.
  • If your parents are working under Group A services i.e. IPS, IAS and IFS then you are not eligible for applying for the non-creamy layer certificate.
  • If you belong to certain castes which are not added under Central Government’s OBC list, then you cannot apply for the certificate.

How to Apply For The Non-Creamy Layer Certificate

In order to apply for the non-creamy layer certificate, you need to login to your state government website and click on Right to Service button (RTS). For example, if you belong to Maharashtra, then you need to visit www.aaplesarkar.mahaonline.gov.in and click on the RTS button. On clicking RTS button, another window will get open where you need to register yourself, if haven’t registered before or directly login with UserID and password. After logging in with your credentials, go to the concerned department i.e. Revenue Department in this case and click on Non-Creamy Layer Certificate. Once you click on it, it will take you to another window where you have to fill in the details as asked in the form and also upload the relevant documents in the specified format. After you have uploaded the documents and paid the requisite fees using the desired payment gateway, click on Submit button to complete the application process. You can download your certificate after 5-6 working days by logging to the website with your UserID and password.

A person who is applying for a non-creamy certificate must have below mentioned documents:

  1. Copy of resident proof.
  2. Copy of ration card.
  3. Copy of age proof.
  4. Proof of income from all sources
  5. Any and all caste relevant documents.
  6. Scanned passport size photographs.
  7. Copy of verification leaf issued either by the Sarpanch or Municipal Councilor.
  8. Copy of self-declaration form.

Validity of Non-creamy layer certificate for Central Government is valid for 1 year whereas for State Government it is valid for 3 years and once issued, the OBC certificate issued cannot be cancelled by the authorities without granting an opportunity to the person to be heard.

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