HC re­lief for OBCs de­nied UPSC quota

Terms Govt Method To De­cide ‘Creamy Layer’ Bi­ased

The Times of India (Mumbai edition) - - TIMES NATION - Su­bodh.Ghildiyal @times­group.com

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.

Pic for rep­re­sen­ta­tion

Madras HC has said the prin­ci­ple for de­ter­min­ing ‘creamy layer’ should be the same for PSUs/pri­vate sec­tor and gov­ern­ment ser­vices

Newspapers in English

Newspapers from India

© PressReader. All rights reserved.