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OBC creamy layer clarification The eligible OBC candidates are not getting caste certificate due to misinterpretation of creamy layer criteria, especially in case of sons and daughters of government servant. As per the creamy-layer criteria issued by Government of India DOPT O.M. No.36012/22/93-Est. (SCT) dated 8.9.1993 (also adopted by Supreme Court in recent judgment on Civil writ petition no. 265/2006 on 27% obc reservation in Central higher educational institutions) following important point is misinterpreted due to which whole country is confused including OBCs and authorities issuing the caste certificate. NORMALLY AN OBC CANDIDATE HAVING PARENT’S SALARY INCOME ABOVE RS. 4.50 LAKH DONT TRY TO GET OBC NON-CREAMYLAYER CASTE CERTIFICATE, WHICH IS A TOTALLY WRONG CONCEPT. (1) Actually the creamy-layer limit of Rs. 4.50 lakhs is not applicable to “government servant’s salary income” and “farmer’s agricultural income”. It is the creamy-layer limit for “business income” only. As the government servants are to be checked by their post held and farmers by their land holdings hence can not be checked by salary/agricultural income. (2) In rule- (6) showing creamy-layer limit of Rs.4.50 lakhs following explanation is already given: “Income from salaries or agricultural land shall not be clubbed with income” Means Income from salaries and agricultural land both shall not be clubbed with the annual income of parents because there is a separate rule number (2) & (3) provided on the basis of “post held” for salaried persons & rule number (5) is provided on the basis of “land holdings” for persons holding agricultural land. (3) The criterion (2) & (3) clearly speaks that only the sons and daughter of following “government servants” will be treated as creamy-layer. (i) Parents, either of whom is a Class I officer. (Direct Recruitment) (ii) Parents, both of whom are Class II officers. (Direct Recruitment) (iii) Parents of whom only father is a Class II officer and he gets into Class I at the age of 40 or earlier. (iv) In military, colonel and above. Note- Other than above 4, all the government servants are not creamy-layer. (4) The criteria (5) clearly speak that only following “farmers” will be treated as creamy-layer. (i) Having, only irrigated land which is equal to or more than 85% of the statuary ceiling area. (ii) The rule of exclusion will not apply if the land holding of a family is exclusively un- irrigated. A very clear clarification O.M. issued by DOPT on dated 11 October 2004 on creamy layer criteria is also available at www.obcguru.com Shailendra Wagadre |
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