What is the difference between creamy and non creamy layer of OBC

Creamy Layer OBC is that category of OBC wherein the members are wealthier/better off and overall more privileged than the other members belonging to OBC. Non-creamy layer OBC is the other category of OBC which is not as socially/economically advanced as the Creamy Layer OBC. 

Difference between Creamy and Non-Creamy Layer in OBC

OBC and NC OBC are the two classes into which OBC is divided on the basis of annual salary in the OBC category.
NC OBC is Non Creamy Layer OBC while OBC is Creamy Layer OBC.


OBC Creamy layer does not get any benefit.They does not come under reserved category anymore.They are treated equal to General category candidate.The difference between Creamy and Non creamy layer is on the basis of Annual income of Family.If the annual income of the family is more than 4.5lakhs per annum,the candidate is considered to be under Creamy layer and does not get any benefit of reservation.The Union ministry is considering to raise the bar to 6laks per annum and it will be done this week itself. OBC non creamy layer gets benefits for exams and jobs.   

In India, the OBC (Other Backward Classes) category can be subcategorized into two - i.e. Creamy Layer OBC and Non-Creamy Layer OBC. The concept of creamy lawyer has arisen out of necessity - in this case, when a caste is taken as a class. However, it is pertinent to understand that it is a concept only for the OBCs and not for any SC/ST candidates.
 

Basic Difference:

The term Creamy Layer is used for a particular category of OBC, or those members of the OBC that are wealthier, better educated and overall better off in comparison to other members of the OBC category. This is the basic difference between the Creamy layer and the Non-creamy layer OBC.

To make the OBC a homogeneous class, the developed or more advanced persons are excluded from getting benefits/reservations by applying this principle. The OBC creamy layer does not get any benefit, and is treated as a part of the General Category.

As a rule, the creamy layer is decided, based upon the income of the parents/household. Thus, if the parents’ income of a person belonging to the OBC category is above Rs. 8 Lakhs per annum, he would fall under the “Creamy Layer”. Similarly OBC persons where the household income is below Rs. 8 Lakhs per annum, would fall under the “Non-Creamy Layer” of OBC and would thus be entitled to the relevant benefits/reservations.

Need for “Creamy Layer” in OBC category:

Members of OBC are entitled to receive benefits by the State. This rule was made as a part of positive discrimination, in order to uplift the Backward Classes. However, technically, OBC category also includes certain “advance” persons.

The members of a caste/community should receive benefits by the state because they are socially, economically or educationally backward, and not only because they belong to a particular caste or community. Thus, if a person is advanced socially, economically or  educationally, he no longer shares the properties of that class and shall hence not be considered for the benefits and state protection. This is the reason why the concept of creamy layer under OBCs was created.

Thus, if the advanced or “creamy layer” of OBCs is excluded, the weaker section of OBC will be benefitted, and rightly so. On the other hand, if the creamy layer is not excluded, the poor and the deprived OBCs will be forced to compete with the rich and powerful section of OBC.

Eligibility Criteria for OBC Non-Creamy Layer:

If you fall under the OBC non-creamy layer, you can get reservations while applying for government jobs/posts. However, it is mandatory to obtain an OBC certificate (except in case of Tamil Nadu Govt.) for people falling under this category to avail the benefits. This certificate is valid for a year, from the date of recieving it. Given below is the eligibility criteria and special circumstances for obtaining the non-creamy layer OBC certificate, in order to avail the benefits that the Government has to offer:

1. Income: Only when the income of the person’s parents is below Rs. 8 Lakhs, the person will belong to the non-creamy layer category and can apply for the certificate.
2. Parents working under Central Govt.:  If either of the parents of a person is working under Group C and D category of the Central Govt., or under Group II, III and IV of the officers’ category of the Tamil Nadu State Govt., that person will be eligible to apply for the certificate.
3. Person working under Central Govt.: If a person is working under Group B category of the Central Govt., or Group I of Tamil Nadu State Govt., then he/she will be qualified to for obtaining the OBC non-creamy layer certificate, provided that this person’s parents do not receive any income of any kind.
4. Husband working under Central Govt.: A wife would be eligible to apply for OBC certificate, if her husband is working under the Central Govt. and if her parents do not receive any kind of income.

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

There are certain castes that come under the Backward and Most Backward Castes which are not included in the Central Govt.’s OBC category and can not hence apply for the certificate. Similarly, if the parents of the applicant are employed under Group A or B services, including IPS, IAS and IFS, or if the parents (or either of them) are working in the private sector as businessmen, lawyers, doctors, engineers etc. and if their income is above Rs. 8 Lakhs per annum, they would not be eligible for the said OBC certificate.

As a general rule, if the applicant’s parents’ income is above 8 Lakhs, he/she would not be qualified for obtaining the non-creamy layer certificate, and would fall under the “creamy layer”.