The
word 'Creamy Layer' was introduced in 1971 to
demarcate the wealthier part of the society and to exclude them from
availing the reservations granted in various governmental jobs and educational
institutions for the Other Backward Classes (OBC).
This definition was redefined properly by the Supreme
Court of India in 1993 by drawing lines of exclusion for constitutional
functionaries like The President , Vice President , Judges of the Supreme Court
and High courts, employees of Central and State bureaucracies above a certain
level, Public Sector Employees, Members of the armed
forces and paramilitary personnel above the rank
of colonel. The wards of persons engaged in trade, industry and
professions such as a doctor, lawyer, chartered accountant, income tax
consultant, financial or management consultant, dental surgeon, engineer,
architect, computer specialist, film artists and other film professional,
author, playwright, sports person, sports professional, media professional or
any other vocations of like status whose annual income is more than 450,000.
The
Mis-interpretation of 4.5 Lakh Income Limit.
·
The Income criteria is applicable only on parents income/ the
post he or she holds. People wrongly assume that they don't belong to OBC
category just because their own income is greater than 6 lakh. Note that your
income or your husbands income doesn't matter while deciding the Creamy layer
status.
·
Secondly the Official Memorandum (OM) states that the income
from salary and agriculture income cannot be CLUBBED. This is mistaken as ‘either
income from salary is taken into account or income from agriculture’. But this
is a misconception, they have nowhere used 'either/or' in the sentence to
mean what people usually assume.
·
Thirdly, income limit criterion doesn't apply
for the employees of Central and State governments. For government employees
only their position in the office is the criterion for non-creamy layer status.
Excluding all Class I employees and direct recruits of Class II cadre, all
other govt. servants having income greater than 4.5 lakhs are still eligible
for the OBC non creamy layer certificates. Also to note that if an employee
gets promoted to Class I cadre after his 40 years of age,
his children still come under non-creamy layer, so note that 4.5 lakh
criterion thus applies only for business class not for salaried government
working class.
·
It is very unfortunate that even the competent authorities,
who issue the non-creamy layer certificates are under this misinterpretation
and reject the applications made by the candidate for wrong reasons.
·
Please download the copies of OM available on National Commision for Backward Classes website
and talk to the concerned authorities with proper proofs.
References: OBC commision website please
visit to check all the detailed official memorandum
NOTE:
THIS ARTICLE IS IN REFERENCE TO CENTRAL GOVERNMENT POLICY OF RESERVATION IN
CENTRAL GOVT POSTS AND EDUCATIONAL INSTITUTES AND NOT OF STATE
GOVERNMENT. INDIVIDUAL STATE GOVERNMENT HAVE THEIR OWN POLICIES