STAFF RULINGS – 54. Reservation 118.
189. What is ‘Creamy Layer’ amongst OBCs?
The Supreme Court in Indra Sawhney case has upheld 27% reservation for OBCs in civil posts and services under the State subject to exclusion of socially advanced persons/ sections (creamy layer) from OBCs within 4 months form the date of judgment. Following the above judgment of the Supreme Court, the Government had constituted an Expert Committee to make recommendations on the socio-economic criteria to be adopted for excluding the creamy layer amongst OBCs. The report of the Expert Committee was considered and accepted by the Government and the categories of the persons/ selections to be excluded from the purview of reservation orders for OBCs were notified in the Schedule to the OM dated 8.9.1993 issued by this Department. Initially, the Income limits of ‘creamy layer’ vide the aforesaid O.M. for exclusion of reservation was fixed Rs. 1 Lakh. Last time, this income ceiling was revised from Rs.2.5 lakh to 4.5 lakh vide OM No.36033/3/2004-Estt.(Res.) on 14.10.2008.
190. Whether the unfilled vacancies of OBCs shall be dereserved or carried forward?
The vacancies reserved for other backward classes which remain unfilled should not be dereserved but should be carried forward as such for a period of three recruitment years or till the vacancies are filled by OBC candidates whichever is earlier.
(DOPT OM No. 36012/22/93-Estt, dated 30-12-1993)
191. Whether matriculation or school leaving certificate or Birth certificate shall be accepted as a proof of caste?
No. Caste/Tribe certificates issued by the judicial/revenue authorities only to be accepted as a proof at the time of initial appointment.
(DOPT OM No. 36011/3/2005-Estt (Res) dated 09.09.2005)
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