Govt may skim off OBC creamy layer
Govt is considering inserting a clause to this effect in the enabling draft bill on quota, writes Chetan Chauhan.india Updated: May 27, 2006 19:16 IST
The creamy layer among OBCs may be excluded from the proposed 27 per cent reservation for the category in central education institutions.
The government is considering inserting a clause to this effect in the enabling draft bill on the OBC quota. Sources said the revised bill was expected to be forwarded to the PMO for examination by Monday.
The government got the legal opinion that the Supreme Court had in 1992 (in the Indira Sawhney vs Government of India case) directed it to exclude 'socially advanced persons/sections, defined as creamy layer, from other backward classes'.
An official said the judgment was applicable even for admissions since the court did not restrict it to jobs. The judgment made only one exemption: for states where reservation for OBCs is already applicable.
Earlier this week, the CPM politburo had sought the exemption of the creamy layer from OBC reservation. It has also been the demand of anti-quota medicos.
Though the Department of Personnel and Training has specified a criterion for identifying the creamy layer for OBC reservation in jobs, the government will have the power to decide the criterion for admissions.
Another insertion in the revised draft will be about extending the OBC quota to all deemed universities.
Among those who come in the creamy layer (as per a 2004 government circular) are: persons whose parent(s) is (are) Class I officer; persons having gross annual income of Rs 2.50 lakh and above; persons whose parents own irrigated land equal to or more than 85 per cent of the ceiling limit in terms of irrigated land as per state ceiling laws.