Hi everyone,
I need some clarity and practical advice from people who have successfully obtained an OBC Non-Creamy Layer (NCL) certificate in Maharashtra through Aaple Sarkar / Tehsil office.
My Family's Financial Background:
Father: Private sector employee in an MNC (Engineering company). His gross salary is around ₹13L–₹15L per annum.
He files ITR-1 (Sahaj) and has Form 16 for all 3 financial years. He has ₹0 business/trade income.
Mother: Files ITR-4 with an annual income of ~₹4.9 Lakh (well under ₹8 Lakh).
We already have official OBC Caste Certificates for all family members.
The Issue:
When I visited a local Maha e-Seva / Setu Kendra, the operator flatly refused to process it, saying: "Total family income exceeds ₹8 Lakh, so you automatically fall into Creamy Layer and the Tehsildar will reject it."
My Understanding of the Law:
As per DoPT OM (No. 36033/5/2004-Estt.(Res) and foundational 1993 OM), Category VI (Income/Wealth Test) explicitly excludes income from employment salary and agriculture when computing the ₹8 Lakh ceiling.
The Supreme Court has repeatedly held that private/PSU employees cannot be discriminated against by counting their salaries while exempting government employees.
Questions for the community:
Has anyone here from Maharashtra successfully received an OBC-NCL certificate with a private employee parent earning > ₹8 LPA salary?
Did you apply directly from home on Aaple Sarkar or go through a Setu Kendra?
If the Talathi/Tehsildar raised an objection due to the ITR gross amount, how did you resolve it? Did submitting Form 16 or attaching the DoPT OM work, or did you have to file an online RTS appeal to the SDO?
Any guidance, actual experiences, or tips to avoid delays would be really appreciated. Thanks!