Delhi HC asks Centre to recalculate ‘creamy layer’ criteria

Team SoOLEGAL 26 Mar 2018 8:48pm

Delhi HC asks Centre to recalculate ‘creamy layer’ criteria

New Delhi : Coming hard on the government, the HC directed the Centre to recalculate the “creamy layer” within 8 weeks while giving verdict in favour of group of  12 OBC petitioners who had cleared UPSC civil services exam in 2015 but were turned down as they fell in creamy layer. It slammed the Centre’s method of calculating the “creamy layer” for wards of persons from “Other Backward Classes” working in PSUs — a major reason behind the rejection of many OBC aspirants for IAS and other elite services over the last five years.

The Delhi HC judgement has major implications for OBC aspirants for central services as about 60 candidates have been rejected on these grounds during last five years.

Infact this judgement can have a serious bearing on the way the Centre calculates “creamy layer” for OBC children with PSU background -- alleged to be “discriminatory” when compared to “backwards” employed in central and state governments.

The Delhi HC order is quite similar to one given by the Madras High Court in August 2017, which had asked the Centre to use the same formula for both categories of OBCs.The whole problem is about methodology used to determine “creamy layer”.

According to DoPT   guidelines, while Group A and Group B are ineligible for Mandal quotas, others are eligible if their annual income from other sources does not exceed Rs 8 lakh. The annual income does not include salaries of parents.

While government has been determining the “creamy layer” for PSU background by including the salaries of parents, it has been excluding the salaries of parents employed in central or state governments  – putting the first category at a disadvantage.

The DoPT argued before the Delhi HC that “creamy layer” for PSU candidates follows the principle spelt out in its communication of October 14, 2004. On the other hand, the petitioners contended that the October 14 order “discriminates the employees of PSUs vis-a-vis the government employees, and ought to be quashed”.

In August 2017, the Madras HC had ordered that if salary of parents employed in government is not a criteria for assessing “creamy layer”, the salary of a PSU employee “as a test for identifying creamy layer brings in the element of hostile discrimination”.

The Centre had appealed against the Madras HC order in the Supreme Court, however it remains to be seen how it reacts to the Delhi high court judgement.

Tagged: Delhi High Court   Madras High Court   Creamy layer   OBC  
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