HC relief for OBCs denied UPSC quota
Terms Govt Method To Decide ‘Creamy Layer’ Biased
New Delhi: In what may help over 60 OBC youth join the elite civil services after being denied permission, the Madras high court has slammed the Centre’s method of calculating the ‘ creamy layer’ for wards of persons working in PSUs and private sector as ‘discriminatory’.
The HC said that principle for determining ‘creamy layer”’ — the well-off among OBCs who are not eligible for Mandal reservations — should be same for PSUs/private sector and government services. While the Madras HC order pertains to two candidates, Rohith Nathan and G Babu, who were denied OBC reservation after clearing UPSC exams, it would prove a boon for over 60 backward youth, who have been treated similarly as ‘creamy layer’ in 2016 and 2017.
The government guideli- nes have laid down that Group A and Group B (except in certain conditions like age of promotion) are ineligible for quotas while others are eligible, provided their annual income is not above Rs 8 lakh. The critical bit is that annual income does not include the parents’ salaries.
The Centre has been applying “exclusion criteria” for wards of persons employed in Central and state governments, but calculating the ‘creamy layer’ on basis of parents’ salaries in case of PSUs/private sector — a fact challenged by candidates.
Also the Centre is yet to determine which posts in PSUs fall under Group A, B, C and D — a process called “equivalence of posts”.
On August 31, the Madras HC turned down the Centre’s and DoPT’s challenge against the Central Administrative Tribunal order in favour of Rohith and Babu whose parents worked in PSUs/private sector. They had cleared UPSC exambut were denied OBC quotas after deemedd as belonging to “creamy layer”.
As reported by TOI in July, the National Commission for Backward Classes wrote to the Centre, warning of a backlash from backwards if the DoPT did not rectify their methods of calculating the “creamy layer”. The HC ruled, if salary of parents employed in government is not a criteria for assessing ‘creamy layer’, salary of a PSU employee “for identifying creamy layer brings in discrimination”. It also said that failure to work out “equivalence of posts” has put wards of PSU employees at a disadvantage.
Madras HC has said the principle for determining ‘creamy layer’ should be the same for PSUs/private sector and government services