OBC-NCL eligibility for Private Sector salaried employee (Gross Salary > ₹8 LPA) in Maharashtra – Seeking real experiences with Aaple Sarkar / Tehsil
Hi everyone, I need some practical guidance regarding applying for an OBC Non-Creamy Layer (NCL) certificate in Maharashtra through Aaple Sarkar / Tehsil office. Background: Father: Private MNC employee with a gross salary of ₹13L–₹15L per annum (Form 16 + ITR-1, ₹0 business/trade income).
Mother: Files ITR-4 reporting ~₹4.9 LPA (well under the ₹8 Lakh threshold).
All family members already hold valid OBC Caste Certificates.
The Issue: The local Maha e-Seva / Setu Kendra operator refused to process the application, claiming that because gross salary exceeds ₹8 Lakh, the application will be automatically rejected by the Tehsildar.
Legal Context: Under DoPT OM (No. 36033/5/2004-Estt.(Res) and the foundational 1993 OM), Category VI (Income/Wealth Test) explicitly excludes income from employment salary and agriculture from the ₹8 Lakh limit. Supreme Court rulings affirm that salary alone cannot be used to place private sector employees into the Creamy Layer.
Questions: Has anyone in Maharashtra successfully received an OBC-NCL certificate with a private salaried parent earning > ₹8 LPA? 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 figure, how did you resolve it (submitting Form 16, DoPT circular, or filing an online RTS appeal to the SDO)? Thanks for any advice!