HC re­lief for OBCs de­nied UPSC quota Says Method Used By Govt To De­cide Creamy Layer For PSU Staff ‘Bi­ased’

The Times of India (New Delhi edition) - - TIMES NATION - @times­group.com

New Delhi: The Madras high court has slammed the Cen­tre’s method of cal­cu­lat­ing the “creamy layer” for wards of PSU and pri­vate sec­tor em­ploy­ees as “dis­crim­i­na­tory”, a de­vel­op­ment that may help over 60 OBC young­sters join the elite civil ser­vices af­ter be­ing de­nied per­mis­sion.

The high court has said the prin­ci­ple for de­ter­min­ing “creamy layer” — the well-off among OBCs who are not el­i­gi­ble for Man­dal reser­va­tions — should be the same for PSUs/pri­vate sec­tor and govern­ment ser­vices.

While the HC or­der per­tains to two can­di­dates, Ro­hith Nathan and G Babu, who were de­nied OBC reser­va­tion af­ter clear­ing the civil ser­vices ex­ams con­ducted by the UPSC, it would prove a boon for over 60 back­ward youths who are learnt to have been treated sim­i­larly as “creamy layer” in 2016 and 2017.

Govern­ment guide­lines state 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 from other sources is not above Rs 8 lakh. The crit­i­cal bit is that the an­nual in­come does not in­clude the salar­ies of par­ents.

The Cen­tre has been ap­ply­ing this “ex­clu­sion cri­te­rion” for wards of per­sons em­ployed in cen­tral and state govern­ments, but in case of PSUs/pri­vate sec­tor, the Cen­tre has been cal­cu­lat­ing the “creamy layer” on the ba- sis of salar­ies of par­ents — a fact chal­lenged by re­sent­ful can­di­dates in courts.

At the heart of the con­fu­sion is the fact that the Cen­tre has not yet worked out the ta­ble to de­ter­mine which posts in PSUs fall un­der Group A, B, C and D, as hap­pens in the govern­ment — a process called “equiv­a­lence of posts”.

On Au­gust 31, a Madras HC bench of Jus­tice H G Ramesh and Jus­tice G Jay­achan­dran turned down the Cen­tre and DoPT’s chal­lenge against the or­der of the Cen­tral Ad­min­is­tra­tive Tri­bunal in favour of Ro­hith and Babu, whose par­ents worked in PSUs/pri­vate sec­tor.

Ro­hith, who se­cured 174th rank, was al­lot­ted In­dian For­eign Ser­vice un­der the OBC quota, but the or­der was later re­scinded and he was given In­dian Po­lice Ser­vice.

G Babu ranked 629th and could have moved up to 122nd rank un­der OBC quota but he was not called for join­ing.

As re­ported by TOI on July 17, 2016, the Na­tional Com­mis­sion for Back­ward Classes had writ­ten to the govern­ment about the anom­aly, warn­ing that there could be a back­lash from the back­wards if the DoPT of­fi­cials did not rec­tify their meth­ods of cal­cu­lat­ing the “creamy layer” for PSUs/pri­vate sec­tor.

In its judg­ment, the HC has ruled that if the salary of par­ents em­ployed in the govern­ment is not a cri­te­rion for as­sess­ing “creamy layer”, the salary of a PSU em­ployee “as a test for iden­ti­fy­ing creamy layer brings in the el­e­ment of hos­tile dis­crim­i­na­tion”. The court also ob­served that fail­ure to work out the “equiv­a­lence of posts” has put the wards of em­ploy­ees of PSUs in a dis­ad­van­ta­geous po­si­tion.

TOI/Photo for rep­re­sen­ta­tion

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

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