New Delhi: Supreme Court of India has given an important decision about OBC reservation. The court said that only parents’ salary cannot be used to decide whether a student comes under the creamy layer category.
The decision was given by a bench of Justice R. Mahadevan and Justice P. S. Narasimha. The court explained that while deciding creamy layer status, many factors must be checked, not just income from salary.
The judges said that if parents work in government Class III or Class IV jobs, their salary should not be counted while deciding the creamy layer. The court also said that income from farming should not be included in this calculation.
According to the court, creamy layer should mainly be decided based on income from other sources like business, property, rent or investments. To get OBC non-creamy layer benefits, the family’s average income from these sources for three years should be less than ₹8 lakh per year.
The court also cancelled a 2004 rule issued by the Department of Personnel and Training, which said that the salary of employees working in banks, private companies or public sector units should be counted. The judges said this rule was not fair and created unnecessary differences between people working in different sectors.
The court made it clear that the 1993 guidelines will continue to be followed unless a private or public sector job is officially treated the same as a government Class III or IV post.
This decision may help many students who clear exams conducted by the Union Public Service Commission and apply under the OBC category.
