Non-Creamy Layer Certificate

What is Other Backward Class?

Constitution of India defines Other Backward Class as socially and educationally backward class and they are normally classified as a group of people who have been historically downtrodden and are socially and educationally disadvantaged and thus the government has to ensure their social and educational development and in order to do so, the constitution makers have come up with the idea of reservation, not only for the OBC’s but also for the SC’s and ST’s, who as a matter of fact are more downtrodden than the OBC’s. Other Backward Class is included in the central list of National Commission of backward castes and also enjoys a hefty reservation of 27% in government jobs as well in government institutions. The social and economic empowerment is looked by the Backward Classes Division in the Ministry and it also looks into the matters related to the NBCDFC and NCBC which are set up to look after the welfare of the OBC’s.

The basic definition of OBC class is based on its history where they mainly lived in the villages and rural areas and performed hard physical labor such as agriculture etc and despite having a rich culture, they always lived in plight and below poverty line.

What is creamy layer?

The term “creamy layer” was first introduced by the Sattanathan Commission in the year 1971 stating that the creamy layers should not be given any reservations or quota in the civil posts. Also the term “creamy layer” is a politics oriented word and is used in the context of relatively forward and qualified section of the Other Backward Classes (OBCs) who are not entitled for the government sponsored educational and professional benefit programs and until 30^th Sept 2018, the term “creamy layer” was meant only for the Other Backward Classes whereas post the mentioned date, it is now being applied to the Scheduled Castes and Scheduled Tribes as well, however the referring point for the later ones is more on the untouchability or backwardness basis rather than on the economic basis. Also, OBC creamy layer does not get any benefit and are considered equal to General category. Being in the OBC creamy layer means that although you belong to the OBC category but since you are not economically and educationally backward, you are not entitled for the 27% reservation allotted for the OBC’s in the government jobs and government institutions.

Other Backward Class is further sub-categorized into: Creamy Layer and Non-Creamy Layer and 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 creamy 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.

Unfortunately in India, most of the people are unaware 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.

What is Non-Creamy Layer?

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?

Non-creamy layer certificate Eligibility

A non-creamy layer certificate is given to an OBC candidate in case his parents annual income from all sources does not exceed 6 lacs 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.

Benefits of Non-creamy layer certificate

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 7^th 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:

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.
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.
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.
You must be a permanent resident of India.
You must have a OBC certificate.
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 agriculture is more than 8 lacs then you are not eligible for obtaining non-creamy layer 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.

Application for 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 https://aaplesarkar.mahaonline.gov.in/en 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 User ID 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 User ID and password.

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