CREAMY LAYER LIMIT RAISED TO RS 6 LAKH
The creamy layer limit has been increased to 6 lakh from 4.5 lakh.. There is no change in other criteria set earlier. Department of Personnel and Training of Government of India vide its office memorandum no. 36033/1/2013 (Estt- Res) has raised income limit from 4.5 lakh to Rs 6 lakh per anum for determining the Creamy Layer amongst OBC with effect from 16th May 2013
The National Commission for Backward Classes (NCBC) comprising Chairman Justice MN Rao, members RS Kharvendan, Deepak Katole and Shakeel uz zaman Ansari, had recommended to the Government to double the ceiling to at least `9 lakh.
Minister Vayalar Ravi and steel minister Beni Prasad Verma who had demanded fixing creamy layer limit at Rs 12 lakh.
Besides Ravi and Verma, ministers such as Veerappa Moily, Pallam Raju and V Narayanasamy have been backing the demand for a higher ceiling. Prime Minister Dr Manmohan Singh refer the issue to the Group of Ministers..
The Group of Ministers headed by Finance Minister P Chidambaram had recommended Creamy Layer limit - to Rs 6 lakh. The cabinet took decision on 16th May 2013 on recommendation of GoM to increase creamy layer limit to 6 lakh
OBC RESERVATION NOT ON CASTE
It has always been a strategy of some groups in India to spread lie. It is called Globel's Tactis. If you are hammered with false from so many mouths, wrong things, articles, statements are taken as facts. General people and specially people covered under OBC are under the influence of these Gobels rumours.
Reservation for socially and educationally backward classes has been listed in constitution of India and was stated set the commission to decide reservation for such class. Time killing tactics kill 40 years (2 generations) and the reservation based on Mandal Commission report was implemented by V. P. Singh.
Mandal commission does not give reservation on caste. It has set criterion on Social, Educational and Economical parameters and a marking scale was prepared. Reservation can not be given by name, surname or place. The best suited criteria in Indian context is to group on the basis of caste. Hence, those castes which are under above parameters are included in OBC list.. These lists contain thousands of castes from all religions- such as Muslim, Sikh, Hindu etc. The criterion under which OBC are classified are given beside.
Two marks were allotted to each indicator, the total score adds up to 22. All these 11 indicators were applied to the people covered by the survey for a particular state. As a result of this application, all castes which had a score of 50% and more (i.e. 11 points) were listed as socially and educationally backward. The SEBC were found to be 52% in India and 27 % reservation was declared for SEBC.
- Classes considered as socially backward by others.
- Classes which mainly depend on manual labour for their livelihood.
- Classes where at least 25 per cent females and 10 per cent males above the state average get married at an age below 17 years in rural areas and at least 10 per cent females and 5 per cent males do so in urban areas.
- Classes where participation of females in work is at least 25 per cent above the state average.
- Classes where the number of children in the age group of 5–15 years who never attended school is at least 25 percent above the state average.
- Classes where the rate of student drop-out in the age group of 5–15 years is at least 25 percent above the state average.
- Classes amongst whom the proportion of matriculates is at least 25 per cent below the state average.
- Classes where the average value of family assets is at least 25 per cent below the state average.
- Classes where the number of families living in kuccha houses is at least 25 per cent above the state average.
- Classes where the source of drinking water is beyond half kilometer for more than 50 per cent of the households.
- Classes where the number of households having taken consumption loans is at least 25 per cent above the state average.
CREAMY LAYER SIX RULES (NO RULE OF INCOME)
There are six rules to decide creamy layer for various categories. The sons and daughter of parents who are Government servants, creamy layer is decided on the status (grade of service) and not on the salary income. Sons and daughters of direct recruit grade A or previous Class I officers are under creamy layer, all other are Non Creamy......
CREAMY LAYER ALWAYS DECIDED BY PARENTS' STATUS.
The creamy layer status of an individual is decided by his/ her parents income and not by his own income or the income/ status of spouse. Creamy layer status of married woman is decided on the status/ income of her parents and not on the status or income of her husband.
Cut off means eligibility marks
- OBC Cut off for admissions is not 10% below the marks of last open candidate admitted. It is 10% lower than the minimum eligibility marks of general catagory.
A bench headed by Justice R V Raveendran said that the eligibility criteria for OBC category students would not be decided on the basis of last cut-off for general category students.
"Where minimum eligibility marks in the qualifying examinations are prescribed for admission, say as 50 per cent for general category candidates, the minimum eligibility marks for OBCs should not be less than 45% (that is 50 less 10 per cent of 50).
"The minimum eligibility marks for OBCs can be fixed at any number between 45 and 50, at the discretion of the institution. Or, where the candidates are required to take an entrance examination and if the qualifying marks in the entrance examination is fixed as 40 per cent for general category candidates, the qualifying marks for OBC candidates should not be less than 36 per cent," the bench said.
A Professor from IIT Madras had approached the apex court challenging a Delhi High Court judgement which had said the cut-off marks for OBC candidates should be 10 per cent less than the minimum eligible marks for general category candidates.
The apex court, after hearing all the sides, upheld the Delhi High Court order. (source: Outlook Delhi)
Read More Supreme Court Judgement
(Courtacy: Indian Kanoon )
CREAMY LAYER NOT ON SALARY
The salary of government servant is not considered for deciding creamy layer, however the status of the government servant is a deciding factor for creamy layer. Sons and daughters of direct Class 1 or Grade A are under Creamy Layer. For a government servant category 2 or category 3 are applicable.
- Age Relaxation is applicable for open posts
In exercise of powers under article 16(4) of the Constitution, competent authority is entitled to give concessions or reservation to the candidates who belongs to certain classes. Age relaxation for SC/ST candidates and OBC candidates is granted by state and central governments. Age relaxation to Ex serviceman is also granted. However, some recruiting authorities are rejecting applications claiming age relaxation on the ground that the posts are for open category and no benefits of reserve category are applicable.This is a clear breach of constitutional article 16(4). It may please be noted that age or fee relaxation is a concession and not the reservation granted to the reserved or Ex- serviceman category candidates. Reservation and concession are totally different. A SC/ST/OBC candidate can claim age relaxation granted under his category. The candidate is eligible for the open post though his age is more than prescribed general category age limit and within relaxed age limit for relevant reserved or Ex Serviceman category. Application for the post and selection for the post are two different processes. A reserved candidate with relaxed age limit will be considered open for selection procedure based on interview or examination. If such a candidate is selected he shall be recruited. Even if a candidate has availed concession in fee and or age limit, it cannot be treated to be a relaxation in standard of selection. Therefore, it would not deny a reserved category candidate selection in Open Competition with General Category candidates. Such concessions can be granted by the State under Section 8(1) of the Act Please see following Supreme Court decisions in this connection. Jitendra Kumar Singh & Anr. vs State Of U.P.& Ors. on 8 January, 2010 (Read point 39)
- Creamy Layer Limit increased to 6 lakh
- Income Criteria Revised to 4.5 lakh in 2008
- Central Government Notification 2004
- Compendium of Instructios issued for OBC Reservation
- Reservation in admission HRD Office Memorandum No 846-847 dated 20/4/2008
- Acceptance of OBC Certificate in prescribed format Ministry of personnel,, dated 2/9/2009
- Supreme Court judgement on 27% OBC Reservation
- Central List of Other Backward Classes
- Income Criteria Revised to 4.5 lakh in 2008(Hindi)
- Annual report of NCBC (2003-2004)
- Creamy Layer Clarification (Hindi)