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SC says parental income alone cannot determine OBC creamy layer status: ‘Not to create artificial distinction…’
The Supreme Court upheld High Court rulings and directed a review of OBC creamy layer claims, emphasizing post status over income and noting around 100 candidates affected since 2016.
- On Wednesday, the Supreme Court of India ruled income alone cannot determine OBC creamy layer status, dismissing the Union government's appeals and upholding Madras, Delhi and Kerala High Courts' rulings.
- The dispute traces to a September 8, 1993 DoPT circular that excluded salary and agricultural income from the creamy layer test, while an October 14, 2004 DoPT letter included salary income for PSU and private sector employees, causing discriminatory effects.
- Since CSE 2015, around 100 OBC candidates were rejected during DoPT scrutiny as children of Group-A recruits or those promoted before age 40 are ineligible for the quota.
- Affected UPSC CSE candidates who cleared the exam may be reassessed within six months, with authorities allowed to create supernumerary posts, the court ordered.
- The bench held that relying solely on the 2004 DoPT clarification is 'legally unsustainable' and violates Articles 14, 15 and 16 by amounting to hostile discrimination.
13 Articles
13 Articles
Parental income alone cannot determine OBC creamy layer status, says Supreme Court
The Supreme Court on Wednesday held that parental income alone cannot be used to determine whether a candidate falls in the creamy layer of the Other Backward Classes category, Live Law reported.A bench of Justices PS Narasimha and R Mahadevan dismissed appeals filed by the Union government and upheld rulings of the Madras, Delhi and Kerala High Courts, The Indian Express reported.The case involved candidates who had cleared the civil services e…
SC says parental income alone cannot determine OBC creamy layer status: ‘Not to create artificial distinction…’
The Supreme Court has ruled that OBC creamy layer status cannot be decided solely on parental income, and that treating children of PSU and private sector employees differently from government servants for reservation eligibility amounts to hostile discrimination.
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