Reservation policy for filling up Central Government Posts – Implementation of creamy layer criteria

Reservation policy for filling up Central Government Posts – Implementation of creamy layer criteria in UPSC for OBC candidates

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office, Dr. Jitendra Singh in a written reply to a question by Shri Devender Goud T. in the Rajya Sabha regarding Implementation of creamy layer criteria in UPSC for OBC candidates

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

RAJYA SABHA

UNSTARRED QUESTION NO.2493

ANSWERED ON-23.03.2017

Implementation of creamy layer criteria

2493 . Shri Devender Goud T.

(a) whether it is a fact that a number of OBCs have been declared ineligible for job reservations after clearing UPSC Civil Services Examinations during 2016;

(b) if so, the details thereof and the reasons for flawed implementation of creamy layer criteria by the Department of Personnel and Training; and

(c) what is creamy layer and how it is calculated to provide reservations to OBCs?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)

(a) & (b):

In case of recommendation of name of a candidate by Union Public Service Commission (UPSC) for service allocation, the candidate is considered for allocation to one of those services by the Government for which he has indicated his preference subject to fulfilment of other conditions like Medical fitness, eligibility for availing reservation as per Civil Services Examination Rules and extant instructions on the subject. Further, vacancies reserved for Other Backward Classes (OBC) candidates are filled by the candidates eligible for availing OBC (Non Creamy Layer) reservation.

The Supreme Court of India in the Indra Sawhney judgement referred to ‘creamy’ layer as those sections or identified groups among the backward classes who are excluded from the purview of reservation. Further, the criterion for determining creamy layer amongst OBCs is provided in the Schedule to the OM dated 08.09.1993. For Category VI of the aforesaid Schedule, wherein Income/Wealth Test for determination of creamy layer has been prescribed, the income ceiling is revised from time to time. The current income ceiling for that purpose is Rs 6 Lakh per annum, as stipulated in DoPT OM dated 27.05.2013.
Source : Rajya Sabha