Standard OBC Creamy Layer Criteria
The government is actively working to ensure uniform application of the ‘creamy layer’ concept in reservations for Other Backward Classes (OBCs). This initiative aims to address inconsistencies across central and state government jobs, public sector units, universities, and other organisations. The effort follows consultations with multiple ministries, NITI Aayog, and the National Commission for Backward Classes (NCBC). The goal is to create fairness and clarity in reservation eligibility by establishing equivalence in job categories and pay scales.
Background of the Creamy Layer Concept
The ‘creamy layer’ principle was upheld by the Supreme Court in the 1992 Indra Sawhney case. It excludes affluent individuals within OBCs from reservation benefits. The Department of Personnel and Training (DoPT) issued the first creamy layer guidelines in 1993. These included exclusion of children of high-ranking government officials, professionals, and wealthy families. An income ceiling was set initially at Rs 1 lakh per annum, later raised to Rs 8 lakh in 2017. Income from salary and agriculture was treated differently in these calculations.
Clarifications and Challenges Since 2004
In 2004, DoPT issued clarifications to address gaps in the creamy layer criteria, especially for jobs outside government. It introduced income tests for parents’ salaries and other earnings, excluding agricultural income. Despite this, the clarifications were not rigorously implemented during the UPA government years. From 2015 onwards, DoPT began scrutinising caste certificates more strictly. Over 100 successful candidates were denied OBC benefits based on the updated creamy layer norms, even though they qualified under earlier rules.
Efforts to Establish Equivalence Across Job Categories
The government is now working to define equivalence between posts in various organisations and central government jobs. For example, university assistant professors’ pay scales correspond to Group A government posts, so their children may be classified as creamy layer. Similar equivalence is proposed for autonomous bodies, state public sector units, and government-aided institutions. The proposal suggests excluding those with incomes under Rs 8 lakh from creamy layer status in some cases. This approach aims to correct anomalies where employees of similar rank receive different treatment.
Beneficiaries of the Proposed Policy
If implemented, the policy will benefit children of lower-level government employees earning above Rs 8 lakh annually. It will also harmonise treatment for employees in government-aided and state organisations. However, private sector employees will continue to be assessed mainly by income criteria due to the complexity of private job structures. The move seeks to balance social justice with fairness and transparency in reservation policies.
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