OBC Reservation Eligibility

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OBC Reservation Eligibility: The majority religion in India is Hinduism, which is separated into castes. The top castes have established a rigid social hierarchy in order to exploit and oppress the lower castes. The Second Backward Class Commission, led by Bindeshwari Prasad Mandal, was established in 1979 with the goal of identifying the “socially or educationally backward classes of India” while keeping in mind the social injustices experienced by the lower castes. Other Backward Classes (OBCs) would receive a 27 percent reservation under this commission’s proposal, giving them 49 percent of the positions at public institutions of higher learning and government agencies.

What is the creamy layer?

  • It is a theory that establishes a cutoff point below which OBC reservation advantages are available. Even though there is a 27 percent quota for OBCs in government employment and higher education, people who are considered to be in the “creamy layer” are not eligible to benefit from this quota.
  • The government announced a 27 percent reservation for Socially and Educationally Backward Classes (SEBCs) in vacancies for civil posts and services that are to be filled through direct recruitment on August 13, 1990.
  • This decision was made based on the recommendations of the Second Backward Classes Commission (Mandal Commission).
  • Following a challenge, the Supreme Court affirmed the 27 percent quota for OBCs on November 16, 1992 (Indira Sawhney case), with the condition that the creamy layer be excluded.

History of OBC non creamy layer definition: OBC Reservation Eligibility

· Candidates from the OBC creamy layer (parents making more than $86,000 annually) are classified as general category students and do not receive any special treatment at government institutions.

·  The government announced a 27 percent reservation for members of the Socially and Educationally Backward Classes (SEBCs) in August 1990, based on the Second Backward Classes Commission’s (Mandal Commission) advice, for open positions in civil services and positions that would be filled through direct recruitment.

·  After this was contested, the Supreme Court upheld a 27% quota for OBCs in November 1992 (Indira Sawhney case), with the creamy layer being excluded.The maximum income that a candidate can earn and still qualify for OBC non-creamy layer quota has been adjusted periodically to account for changing economic conditions.

· In 1993, the annual income cap was set at Rs. 1 lakh. Then, in 2004, it was increased to Rs 2.5 lakhs annually. After that, it was raised to Rs 4.5 lakhs per year in 2008 and then to Rs 6 lakhs per year in 2013.

Need for “Creamy Layer” in OBC category:

  • OBC members are qualified to obtain government benefits. To help the Backward Classes, this law was created as a form of positive discrimination.
  • Technically speaking, some people who are “advanced” are also included in the OBC group.
  • Not just because they belong to a specific caste or community, but also because they are socially, economically, or educationally backward, members of a caste or community should receive benefits from the state.
  • A person no longer shares the characteristics of that class if they have grown socially, economically, or educationally, and as a result, they are not eligible for the benefits and governmental protection.
  • The idea of the creamy layer beneath OBCs was developed for this reason. Therefore, the weaker portion of OBCs will benefit if the advanced or “creamy layer” is excluded, and this is fair.
    • The impoverished and deprived OBCs will, however, have to contend with the wealthy and powerful OBCs if the creamy layer is not excluded.

Creamy Layer Income Limit

  • The National Commission for Backward Classes (NCBC) proposed in October 2015 that the minimal ceiling for OBC should be a person from an OBC household with an annual family income of up to Rs 15 lakh.
  • To prevent stronger OBCs from monopolising the quota benefits, the NCBC further suggested dividing OBCs into “backwards,” “more backwards,” and “very backward” blocs and allocating the 27 percent quota among them in accordance to their population.
  • The Santhanam Committee’s 1971 definition of INR, collectively shortened as Rs 2.5 lakh, served as the basis for the creamy layer (income) standards, which were later changed to Rs. 4.5 lakh (2004), Rs. 6 lakh (2013), and Rs. 8 lakhs.

Non-Creamy Layer Certificate

  • Former Prime Minister V.P. Singh introduced the Non-Creamy Layer Certificate, commonly referred to as Other Backward Class Certificate, in 1993.
  • With the establishment of this credential, many employment in the public and central government sectors were made available to those who had it.
  • Students with Non-Creamy Layer Certificates are also given preference at prestigious universities like IIT and IIM.
  • The appropriate State Government’s Tahsildar is the one who issues the Non-Creamy Layer Certificate. As a result, the method for getting the Non-Creamy Layer.

OBC Creamy Layer

  • People who fall under the OBC group are wealthier or in a better financial situation than those who do not. They are far superior to the other OBCs in their category.
  • The GOI has defined the Creamy Layer among OBCs as those earning more than Rs. 8 lakhs per annum.
  • This group of OBCs is more educated. OBC creamy layer no longer benefits in any way. They are handled similarly to how the general category is handled. 

What is OBC Non-Creamy Layer?

·  A household is categorised as non-creamy OBC if its combined annual income is less than Rs. 8 lakh. These households are eligible for an OBC non-creamy layer certificate.

·   All perks and the age relaxation for competitive exams are available to everyone who falls under the non-creamy OBC category.

·  If a person is classified as a non-creamy OBC, they will be given preference when applying for government positions.

·   However, individuals must receive an OBC certificate in order to be eligible for all of these advantages. With the exception of Tamil Nadu, the certificate is recognised across India.

  • The certificate has a one-year validity period, which begins on the day you get it.

How Creamy layer is determined?

  • An expert group led by Justice (retired) R N Prasad was established to define the standards for identifying the creamy layer in response to the ruling in Indra Sawhney.
  • The Department of Personnel and Training (DoPT) published a list of several types of people of a given rank, status, or income who cannot benefit from OBC reservation on September 8, 1993.
  • The current income requirement for persons who are not in government is Rs. 8 lakh annually. The criterion for children of government workers is determined by their parents’ rank rather than their own income.
  • A person is deemed to be in the creamy layer, for example, if either of his or her parents holds a constitutional position, if either parent was directly recruited into Group-A, or if both parents are employed by Group-B services.
  • Children will be in the creamy layer if the parents enter Group-A through promotion before the age of 40. Offspring of officers with the rank of Colonel or above in the Army, as well as children of officers with comparable ranks in the Navy and Air Force, are included in the crème layer. There are further requirements.
  • According to a DoPT clarification released on October 14, 2004, income from salary or agricultural land is not combined when assessing the creamy layer.

Has it ever been revised?

  • The DoPT had outlined the existing definition of creamy layer on September 8, 1993, and clarified it on October 14, 2004. The only change is the income cap.
  • In response to a query in Parliament in March, Minister of State for Social Justice and Empowerment Krishan Pal Gurjar stated that “no other instructions for definition of creamy layer have been issued.”
  • Over time, the income cap has been adjusted. The Government “is not being followed by the Government and the revisions are being made at larger intervals, which is not in consonance with and, therefore, violative of the norms set by the Government themselves,” according to a report from the Parliament Committee on Welfare of OBCs, which was then led by BJP MP Ganesh Singh.

What does the government propose to do about the revision?

  • The National Commission for Backward Classes (NCBC) received a draught Cabinet note on March 12 from the Ministry of Social Justice and Empowerment that stated that the creamy layer will be computed on all income, including wage calculated for income tax but excluding agriculture income.
  • This was done in accordance with the committee’s recommendations, which were based on a review of the DoPT directives from September 8, 1993, and were led by former DoPT secretary B P Sharma.
  • The plan, however, has stalled as a result of MP objections, and the government’s current position is that “examination is under consideration.”

Categories defined under Creamy Layer

Income beyond 8 lakhs:

·  The current income requirement for those who are not in government is Rs. 8 lakh annually. Every three years, the income cutoff is scheduled to be increased. It was most recently updated in 2017 (more than three years now).

·  Parents’ rank: The cutoff for children of government employees is determined by their parents’ rank rather than their own income.

· For instance, if either parent is employed in a constitutional position, if either parent has been directly recruited into Group-A, or if both parents are employed by Group-B services, the person is deemed to be in the creamy layer.

·  The children will be in the creamy layer if the parents are promoted into Group-A before turning 40.

·  Offspring of officers with the rank of Colonel or above in the Army, as well as children of officers with comparable ranks in the Navy and Air Force, are included in the crème layer. There are further requirements.

Government’s Proposal: OBC Reservation Eligibility

  • According to a draught Cabinet note, the creamy layer will be computed on all income, including salaries that are subject to income tax, but excluding revenue from agriculture.
  • A committee of the Parliament has advocated raising up to Rs 15 lakh annually, while the government is exploring reaching a consensus on Rs 12 lakh.
  • It also suggested that when determining the yearly income ceiling for the creamy layer group of OBCs, salaries and agricultural income be excluded.

OBC Non-creamy Layer Certificate Eligibility

  • When applying for government employment or positions, you may be granted reservations if you belong to the OBC non-creamy layer.
  • However, in order to be eligible for benefits, a person must have an OBC certificate (with the exception of the Tamil Nadu Government). This certificate is good for a year starting on the day it is received.
  • The requirements and specific circumstances for acquiring the non-creamy layer OBC certificate, in order to be eligible for the government’s benefits, are listed below:


 1. Income of Person and Family combined

  • The applicant will only fall under the non-creamy layer category and be eligible to submit an application for the certificate if their parents’ combined income is less than Rs. 8 Lakhs.
  • Only if the family’s annual income falls below Rs. 8 lakhs can someone apply for an OBC certificate.
  • They wouldn’t be receiving the certificate for the non-creamy category if it were greater than the specified amount. (Income from farming or agriculture is not included in this.)

2. Parents Employed under Central Government

  • A person is entitled to apply for the non-creamy OBC certificate if either of their parents is employed by the central government or falls under the Group C or Group D category.

3. Employee under Central Government

  • A person is entitled to apply for an OBC non creamy layer certificate if they are themselves a part of the central government or are employed under the group B category of the central government.
  • It should be highlighted that only if the person’s parents do not receive any income, such as pensions, is it valid.

4. Husband Employed under Central Government

  • If a woman’s spouse works for the Central Government, she is qualified to apply for the certificate as long as her parents are not supported financially.


Persons who do not fall under the category of the non-creamy layer of OBC:

  • There are some situations that fall under the OBC category of the Central Government’s Backward and Most Backward Castes yet do not qualify for the certificate.
  • Additionally, if either parent of the applicant’s parents works in the private sector as a businessperson, lawyer, doctor, engineer, etc. and earns more than Rs. 8 lakhs annually, they will not be eligible for the aforementioned OBC certificate.
  • This includes parents who are employed in Group A or B services, such as IPS, IAS, and IFS.
  • In order to ensure that the qualified and worthy candidate receives the certificate, non-creamy layers have a specific eligibility requirement.

Difference between a Creamy and Non-Creamy Layer of OBC

  • The Other Backward Classes (OBC) group in India can be divided into two subcategories: Creamy Layer OBC and Non-Creamy Layer OBC.
  • When caste is considered to be a class, the idea of the creamy layer was born out of need.
  • It is important to note that it is exclusively an OBC idea and does not apply to any SC/ST candidates.


Basic Difference:

  • The creamy layer is typically chosen based on the household’s or parents’ income. Therefore, an OBC person would be considered “Creamy Layer” if his or her parents’ annual income is beyond Rs. 8 lakh.
  • Similar to this, OBC individuals whose family income is less than Rs. 8 lakhs annually would be considered members of the “Non-Creamy Layer” of OBC and thus be eligible for the corresponding benefits/reservations.
  • A specific category of OBCs, or those OBCs that are wealthier, more educated, and generally in a better position than other OBCs, are referred to as the “Creamy Layer.” The main distinction between the OBC’s creamy layer and non-creamy layer is this.
  • By using this idea, the developed or more advanced people are disallowed from receiving advantages or reservations in order to create a homogeneous class within the OBC. The OBC creamy layer is classified as a component of the General Category and receives no benefits.
OBC creamy layerOBC non-creamy layer
Income: Above 8 Lakh          Income: Below 8 Lakh
Family Income: Above 8 lakh when added together (Income from farming not to be included)Family Income: Below 8 lakh When total of all family member income (Income from any farming sources are not included)
Treated as equivalent to the general category hence get few or no benefit in government schemes and examinations.Gets Benefit in government released scheme and competitive examination.

OBC Reservation Eligibility: How to Apply for OBC Certificate?

  • The application for the OBC certificate can be done by both online and offline methods provided, the person is eligible for the application.


Offline Method to get OBC Certificate

  • You must go to your local tehsil office, SDM office, revenue office, or SETU/ CSC centres in order to obtain the caste certificate or the OBC certificate offline. Following is a step-by-step application procedure:
  • You will receive an application for a caste certificate, which you must complete with accurate information, including your name, address, and other personal facts, as well as your father’s caste information in the section for caste details. You will need any other blood relative’s caste certificate or paperwork if the father is no longer alive. • You must check the caste option that you are applying for on the caste certificate that you receive.
  • The form also needs to note if you’ve moved to a different state or altered your state of residence.
  • A self-declaration section must be completed and signed.
  • As a final step in the process, you must attach a passport-size photo and provide a local address and reference.
  • Following that, you must submit the original application form and all supporting documentation to the office.
  • For 30 to 35 days, you must wait to receive the caste certificate.
     

Online Method to Apply for OBC Certificate

  •  Only a few states allow registration via the internet. You can access the state’s backward class welfare site if you live in a state where it is available online. Below is a step-by-step application procedure that you may find helpful:
  • Select the “online caste certificate application” link.
  • You can either start filling out the online application form on the website or create an account on the portal itself.
  • Enter your information, including name, address, contact information, and other needed information.
  • You are required to verify the information you have so far provided.
  • After verifying the information, you may also submit the data with supporting documentation.
  • You will receive an acknowledgement slip along with your application number after submission.
  • If he or she desires, you can allow them to save the slip offline or print it off. To keep track of the status of your application, you must save the application number.
  • You can immediately obtain your caste certificate from the URL or the portal itself after the verification is complete.
  • Upon procedure completion, an email or SMS will be generated.

Documents Required for OBC Creamy Layer Certificate

You are required to attach these certificates and document while applying for the OBC certificate:

  1. Community certificate.
  2. School Leaving Certificate.
  3. Ration Card.
  4. Income Certificate.

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