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Criteria of exclusion creamy layer from backward classes

By : Anupam Dwivedi on 08 June 2011 Report Abuse Print Print this
 



INTRODUCTION TO RESERVATION: 

 

The Constitution of India seems to be the first to have expressly provided for the affirmative action to the extent of reservation. In contrast to prohibition for restraints on the creation of handicaps or hindrance by the state in the development and progress of an individual, affirmative action envisages positive steps on the parts of the state to enable him to develop and progress. The contrast is akin to the one between the police state and welfare state. Knowing well that to some section of society mere grant of freedom from restraints and liberty to pursue there legitimate goals would not mean much, The Constitution makers along with such grant have imposed obligation on the state to take positives steps to lift these sections to a level from where they can take advantage of there freedom and liberty on reasonably equal footing. The Constitution makers have done this in the political as well as socio-economic spheres. Although these arrangement are much wider, in common parlance they are known as reservations.

 

CONSTITUTIONAL PROVISION FOR RESERVATION:

 

 The wider arrangements for reservation include the Fundamental Right in Part III, The Directive Principle Of The State Policy in Part IV and Special provision for reservation are to be found in Part III and in XVI. There are certain provision for the certain class in Fundamental Right (Part III) of the Indian Constitution they.

 

As Article 15(1) says that: The State shall not discriminate against any citizen on ground of religion, race, caste, sex, or place of birth or any of them. Means that Clause (1) prohibits the state from discriminating against citizen on grounds only of religion, race, sex, caste, place, of birth or any of them. The right guaranteed in clause (1) is conferred on a citizen as an individual. But as Art. 15(4) and Art.15(5) speaks that: (4) Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizen or for the Scheduled Caste and the Scheduled Tribes.1(5) Nothing in this Article or in Sub clause (g) of clause (1) of Article 19 shall prevent the state from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled tribes or Scheduled caste insofar as such special provision relate to their admission to educational institutions including private educational institution, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30.21. Added by the Constitution (Ist Amendment) Act, 1951, S.2 2. Ins. by Constitution (93rd Amendment) Act, 2005, S.2 (w.e.f 20-1-2006) According to the Art.16 regarding reservation:

 

As Art.16 Says: Equal Opportunity in matters of public employment But Art.16(4) (4-A) (4-B) clearly talks about the reservation: (4) Nothing in this Article shall prevent the State from making any provision for the reservation of appointment or post in favour of any backward class of citizen which, in the opinion of the State, is not adequately represented in the service under the State.(4-A) Nothing in this Article shall prevent the State from making any provision for the reservation in matters of promotion [with consequential seniority,] to any class or classes of posts in the services under the State in favour of Scheduled Caste and Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State. (4-B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4-A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty percent reservation on total number of vacancies of that year. OTHER BACKWARD CLASS The Central Government of India classifies some of its citizens based on their social and economic condition as Scheduled Caste, Scheduled Tribe and Other Backward Class (OBC). OBCs are described as "socially and educationally backward classes" and government is enjoined to ensure their social and educational development. In the Indian Constitution there is not any definition for backward classes. So far as the SCs & STs are concerned they are defined in the definitional Article 366 under clause (24) & (25) respectively. Although Art.16(4) does not qualify backward class of citizen, as does Article 15 (4), by the words socially and educationally the problem of determining such classes is similar under both the provisions. The Constitution gives no definition, however Art.340 contemplates appointment of a commission to investigate the condition of socially and educationally backward classes and such other matters as may be referred to the commission by the President. The President has in fact, exercised his power under this provision twice. While both these commission have taken caste as the dominant, if not the sole, factor in determining the backwardness, no universally agreed formula has yet been found. As a matter of fact each state has been experimenting with different test influenced by social and political consideration as well as judicial decisions. The courts review state decisions and arrangements in this regard to ascertain if proper criteria for determining the backward classes have been adopted. In M.R. Balaji v. State of Mysore3 it was held that the caste of a group of persons could not be the sole or even predominant factor though it could be a relevant test for ascertaining whether a particular class was a backward class or not.

 

Backwardness under Art.15(4) must be social and educational, and that social backwardness was, in the ultimate analysis, the result of poverty. Ones occupation and place of habitation could be the other relevant factors in determining social backwardness. The court invalidate the test of backwardness which was predominantly, if not solely, on the caste. In R. Chitralekha v. State of Mysore4, the Govt. of Mysore laid down that classification of socially and educationally backward classes should be made on the following basis: (i) Economic condition (ii) Occupation But the order of the Govt. did not take into consideration the caste of the applicant as one of the criteria for the backwardness. The Supreme Court held that though the caste of a group of citizens might be a relevant circumstances for ascertaining their social backwardness, it could not be the sole or dominant or even essential test in that behalf. The court accepted the criteria adopted by the Mysore Government for ascertaining the backwardness of a class. In P. Rajendran v. State of Madras5the Court upheld the test of backwardness which was predominantly based on caste. 3. (AIR 1963 SC 649) 4. (AIR 1964 SC 1823) 5. (AIR 1968 SC 1012) In State of A.P. v. P. Sagar6 the Court invalidate an Andhra notification, apparently based on exclusive caste criterion, with the observation that the expression class in Art.15(4) means a homogeneous section of the people grouped together because of certain likeness or common traits in the in the determination of which caste cannot be excluded altogether. But in the determination of a class a test solely based upon the caste or community cannot also be accepted. In K.C. Vasanth Kumar v. State of Karnataka7 ironically five judges of the Supreme Court expressed five separate opinion on the question. Chandrachud, C.J. said that the backward classes should be comparable to the SCs & the STs in the matter of their backwardness and “they should satisfy the necessary test such as a State Government mayt lay down in the context of prevailing economic conditions” Desai J. said the only criterion which can be realistically devised is the one of economic backwardness Chinappa Reddy J. concluded: ‘class poverty, not individual poverty, is therefore the primary test¦Despite individual exception, it may be possible and easy to identify social backwardness with reference to caste, with reference to residence, with reference to occupation or some other dominant feature. In the opinion of Sen J. The predominant and the only factor for making special provision under Art.15(4) or for reservation of post and appointment under Art.16(4) should be poverty, and caste or a sub-caste or a group should be used only for purpose of identification of person comparable to SCs & STs. Finally, Venkataramiah, J. seems to be favouring a test in which the lowest among the caste similar to SCs & STs, the means or economic condition and the occupation may all be counted in making a determination of backwardness. From this divergence of opinions we may conclude that except Desai J. who would consider poverty as the only test of backwardness, all others considered caste also a relevant consideration at least at that stage of the Indian Society. 6. (AIR 1968 SC 1379) 7. (1985 Supp SCC 714) Backward class people is a collective term, used by the Government of India, for castes which are economically and socially disadvantaged and face, or may have faced discrimination on account of birth. They typically include the Dalits, the Scheduled castes, and the Other Backward Classes (OBCs). However recently released Provisional report of National Survey 04-05 states that Buying capacity of Backward Castes in rural and urban areas are comparable to forward Castes. It also revises Backward Castes figure as 41%. It also states that Landownership of Backward Castes are comparable to Forward Castes. It reiterates its earlier finding (in 99-00 survey) that forward Castes are poorly employed (more unemployment). Also Karnataka Minister in state Assembly has announced that per capita income of the Brahmins is lesser than all communities including scheduled castes and scheduled tribes.[2] According to "The Times of India" on 31 August 2010, even after 17 years, at most 7% of seats have been filled by OBCs, regardless of their 27% reservation. This difference between proportion of different communities in Higher educational institutions is mainly because of difference in primary school enrollment. Political parties in India have attempted to use these communities as vote banks. CREAMY LAYER: The creamy layer is a term used in Indian politics to refer to the relatively wealthier and better educated members of the Other Backward Classes (OBCs) who are not eligible for government sponsored educational and professional benefit programs. The term was introduced by the Sattanathan Commission in 1971, which directed that the "creamy layer" should be excluded from the reservations (quotas) of civil posts and services granted to the OBCs. EXCLUSION OF CREAMY LAYER FROM BACWARD CLASS: First Backward Classes Commission, 1955 or the Kaka Kalelkar Commission Adhering to Article 340 of the Constitution of India, the First Backward Classes Commission was set up by a presidential order on 29 January 1953 under the chairmanship of Kaka Kalelkar. References Its terms of references were to:

 

1. Determine the criteria to be adopted in considering whether any sections of the people in the territory of India in addition to the SC and ST as socially and educationally backward classes, using such criteria it was to prepare a list of such classes setting out also their approximate members and their territorial distribution.

 

2.Investigate the conditions of all such socially and educationally backward classes and the differences under which they labour and make recommendations:

1. as to the steps that should be taken by the union or any state to remove such difficulties or to improve their economic condition, and

2. As to the grants that should be made for the purpose by the union or any state and the conditions subject to which such grants should be made;

3. Investigate such other matters as the president may hereafter refer to them and

4. Present to the president a report setting out the facts as found by them and making such recommendations as they think proper.

 

Criteria for identifying socially and educationally backward classes, the commission adopted the following criteria:

 

  1. Low social position in the traditional caste hierarchy of Hindu society.
  2.  Lack of general educational advancement among the major section of a caste or community.
  3. Inadequate or no representation in government services.
  4. Inadequate representation in the field of trade, commerce and industry.

 

Following descriptions was used for classification of various communities as educationally and socially backward:

 

  1. Those who suffer from the stigma of untouchability or near untouchability. (Already classified as SC)
  2. Those tribes who are not yet sufficiently assimilated in the general social order. (Already classified as ST)
  3. Those that, owing to long neglect, have been driven as community to crime. (Ex-criminal or Denotified Groups)
  4. Those nomads who do not enjoy any social respect and who have no appreciation of a fixed habitat and are given to mimicry, begging, jugglery, dancing, etc.
  5. Communities consisting largely of agricultural and landless laborers.
  6. Communities consisting largely of tenants without occupancy rights and those with insecure land tenure.
  7. Communities consisting of a large percentage of small land owners with uneconomic holdings.
  8. Communities engaged in cattle breeding, sheep breeding or fishing on a small scale.
  9. Artisans and occupational classes without security of employment and whose traditional occupations have ceased to be remunerative.
  10. Communities, the majority of whose people do not have sufficient education and, therefore, have not secured adequate representation in government services.
  11. Social groups among the Muslims, Christians and Sikhs who are still backward socially and educationally.
  12. Communities occupying low position in social hierarchy.

 

Recommendations The commission submitted its report on 30 March 1955. It had prepared a list of 2,399 backward castes or communities for the entire country and of which 837 (* starred communities) had been classified as the ‘most backward Some of the most noteworthy recommendations of the commission were:

  1. Undertaking caste-wise enumeration of population in the census of 1961.
  2. Relating social backwardness of a class to its low position in the traditional caste hierarchy of Hindu society,
  3. Treating all women as a class as backward. 
  4. Reservation of 70 per cent seats in all technical and professional institutions for qualified students of backward classes.
  5. That special economic measures be taken to uplift the OBCs economically through such programs as extensive land reforms, reorganization of village economy, Bhoodan movement, development of livestock, dairy farming, cattle insurance, bee-keeping, piggery, fisheries, development of rural housing, public health and rural water supply, adult literacy program, etc.; and
  6. Minimum reservation of vacancies in all government services and local bodies for other backward classes on the following scale: class I = 25 per cent; class II = 33½ per cent; class III and IV = 40 per cent.

 

Kaka Kalelkar, the Chairman, took a rather equivocal stand on the issue, though he did not record a formal minutes of dissent, in his forwarding letter to the President he opposed some recommendations made by the commission Observations in the Report the commission’s observations:

 

  1. The commission observed that although untouchability or tribal character may not be found, the backwardness persists, the tribal people found anywhere in the state should be brought under the list and a uniform policy must be followed throughout India in the interest of the advancement of these classes otherwise it will amount to setting a premium on their remaining within certain areas. It would be invidious to single out sections of the community or areas of modernization and to deprive people of help on that score. Let the whole community get modernized. The whole state should be one unit and the help offered to the tribal people must be given to them irrespective of their shifting from one areas to another in the state.
  2. The privileged classes must voluntarily renounce their privileges and their claims to social superiority and must work wholeheartedly for the eradication of social evils.  3. The ultimate solution seems to be that all production and distribution should be on a socialistic basis and that people should be encouraged to establish the necessary moral basis and to train themselves for the change over.
  3. In India, economic backwardness is often the result and not the cause of social evils.
  4. In the final analysis, I stand for a social order in which neither religion nor political power are organized to control the destinies of humanity. Just as we stand for a secular democracy, I stand for a non-political social order based on mutual love, trust, respect and service. But, this has nothing to do with the universal adult franchise which I accept whole-heartedly.
  5. According to the terms of reference to the commission, we were asked to consider whether any sections of the people of the territory of India, in addition to the Scheduled Castes and the Scheduled Tribes, should be treated as socially and educationally backward classes. The word specifically used are classes and sections of the people and not castes; and yet, as explained in the body of the report the word sections and classes can in the present context mean nothing but castes, and no other interpretation is feasible. It must be admitted, however, that, taking the wording of terms of reference, we are not precluded from interpreting the words sections and classes of the people in their widest significance even excluding the idea of caste. We feel we were justified in accepting the traditional interpretation. We were warned by well-wishers of the country that investigations into caste may encourage people to be caste-conscious, and thus increase the atmosphere of communalism. Following the analogy if the proverb, viz. ‘using the thorn to remove a thorn, we held that the evils of caste could be removed by measures which could be considered in terms of caste alone.
  6. We have in our Report, given a list of backward classes and put a star (*) against those communities which are extremely backward and are leading a sub-human existence (e.g. The Class of Shepherd Community i.e. Dhangar / Hatkar / Hatgar / Gadri / Gadaria / Kurmar / Mirdha / Bharwad (Sr.No.27 Vol II, pg 66) (Their condition is far from satisfactory (Vol I pg. 76-77) (Found in Bombay, Hyderabad, Madhya Pradesh (Now Maharashtra, A.P., M.P. Gujarat). Those communities generally live in rural areas, and are mostly victims of the domination of the privileged and dominant communities. It should be an irony and a mockery of justice to allow such dominant communities to claim to be the natural leaders of these starred communities who are the victims of their domination.
  7. It can be safely said that those who possess large tracts of land; those who have enough money to lend, those who have brains to create quarrels and factions amongst the people, and those who have the tradition of wielding governmental power, are all dominant people in the rural areas. I did not succeed in the effort of classifying the backward classes because I could not carry conviction to my colleagues that these dominant communities must be segregated if the victims of domination have to be saved.
  8. Who, then are the backward people? Evidently those who do not command adequate and sufficient representation in government service, those who do not command large amount of natural resources like land, money and industrial undertakings; those who live in ill-ventilated houses; those who are nomadic; those who live by begging and other unwholesome means; those who are agricultural laborers or those who practice unremunerative occupations without any means to enter better paying professions; and those who on account of poverty, ignorance and other social disabilities are unable to educate themselves or produce sufficient leadership, are all backward. The communities, classes or social groups who occupy an inferior social position in relation to the upper castes and who also answer the above description, naturally come under the category of other backward classes.
  9. It is therefore, essential that no dominating community should be allowed to claim to be the protectors of the weaker sections. It is only the good men from every community, men who are imbued with a sense of social justice, who can forget caste prejudices, are prepared to surrender their privileges and who can combine to usher in a new era of social justice and universal family hood, that can be natural leaders and protectors of the helpless, mute and suffering masses. It is much better if new communities are allowed to try their hands at leadership. Only those like Nehru, are above communal considerations and even nationalistic considerations, should be allowed, to formulate the policy of the nation. It is no use challenging the leadership of the best in the land by searching out the community to which they belong, and then accusing them that they are monopolizing leadership for the upper classes. All monopoly must be broken even of it is fully justified and opportunities for service must be assured to all sections of the population.
  10. He has given the history of reservations and political leadership in India. But this report was partly rejected by the Central government on the ground that it had not applied any objective tests for identifying the Backward Class.

 

Thus there was a need of second backward classes Commission. MANDAL COMMISSION: The decision to set up a second backward classes commission was made official by the president on January 1, 1979. The commission popularly known as the Mandal Commission, its chairman being B. P. Mandal, submitted a report in December 1980 that stated that the population of OBCs, which includes both Hindus and non-Hindus, was around 52 per cent of the total population according to the Mandal Commission. However, this finding was criticized as based on "fictitious data". The National Sample Survey puts the figure at 32%.There is substantial debate over the exact number of OBCs in India, with census data compromised by partisan politics. It is generally estimated to be sizable, but lower than the figures quoted by either the Mandal Commission or and National Sample Survey. 27 percent of reservation was recommended owing to the legal constraint that the total quantum of reservation should not exceed 50 percent. States which have already introduced reservation for OBC exceeding 27 per cent will not be affected by this recommendation. With this general recommendation the commission proposed the following overall scheme of reservation for OBC:

 

  1. Candidates belonging to OBC recruited on the basis of merit in an open competition should not be adjusted against their reservation quota of 27 per cent.
  2. The above reservation should also be made applicable to promotion quota at all levels.
  3. Reserved quota remaining unfilled should be carried forward for a period of three years and de-reserved thereafter.
  4. Relaxation in the upper age limit for direct recruitment should be extended to the candidates of OBC in the same manner as done in the case of SCs and STs.
  5. A roster system for each category of posts should be adopted by the concerned authorities in the same manner as presently done in respect of SC and ST candidates.

 

These recommendations in total are applicable to all recruitment to public sector undertakings, both under the central and state governments as well as to nationalized banks. All private sector undertakings which have received financial assistance from the government in one form or other should also be obliged to recruit personnel on the aforesaid basis. All universities and affiliated colleges should also be covered by the above scheme of reservation. Although education is considered an important factor to bring a desired social change, "educational reform" was not within the terms of reference of this commission. To promote literacy the following measures were suggested:

 

  1. An intensive time-bound program for adult education should be launched in selected pockets with high concentration of OBC population.
  2. Residential schools should be set up in these areas for backward class students to provide a climate especially conducive to serious studies. All facilities in these schools including board and lodging should be provided free of cost to attract students from poor and backward class homes.
  3. Separate hostels for OBC students with above facilities will have to be provided.
  4. Vocational training was considered imperative.
  5. It was recommended that seats should be reserved for OBC students in all scientific, technical and professional institutions run by the central as well as state governments. The quantum of reservation should be the same as in the government services, i.e. 27 per cent.

 

Indira Sawhney and others v. Union of India (16.11.1992): [Judgment Writ Petition (Civil) No.930 of 1990] THE FOLLOWING DIRECTIONS ARE GIVEN TO THE GOVERNMENT OF INDIA, THE STATE GOVTS. AND THE ADMINISTRATION OF UNION TERRITORIES:

 

(A) The Government of India, each of the State Governments and the Administrations of Union Territories shall, within four months from today, constitute a permanent body for entertaining, examining and recommending upon requests for inclusion and complaints of over-inclusion and under inclusion in the lists of other backward classes of citizens. The advice tendered by such body shall ordinarily be binding upon the Government.

 

(B) Within four months from today the Government of India shall specify the bases, applying the relevant and requisite socio-economic criteria to exclude socially advanced persons/sections (creamy layer) from ‘Other Backward Classes. The implementation of the impugned O.M. dated 13th August 1990, shall be subject to exclusion of such socially advanced persons (creamy layer). This direction shall not however apply to States where the reservations in favour of backward classes are already in operation. They can continue to operate them. Such States shall however evolve the said criteria within six months from today and apply the same to exclude the socially advanced persons/sections from the designated Other Backward Classes.

 

(C) It is clarified and directed that any and all objections to the criteria that may be evolved by the Government of India and the State Governments in pursuance of the direction contained in clause (B) of Para 123 as well as to the classification among backward classes and equitable distribution of the benefits of reservations among them that may be made in terms of and as contemplated by clause (1) of the Office Memorandum dated 25th September 1991, as explained herein, shall be preferred only before this court and not before or in any other High Court or other court or Tribunal. Similarly, any petition or proceeding questioning the validity, operation or implementation of the two impugned Office Memorandums, on any grounds whatsoever shall be filed or instituted only before this Court and not before any High Court or other Court or Tribunal. Clause (ii) of the Office Memorandum dated September 25, 1991 is held invalid and inoperative.

 

The Writ Petitions and Transferred Cases are disposed of in the light of the principles, directions, clarifications and order contained in this Judgment. National Commission For Backward class: Pursuant to the direction of the Supreme Court in the Mandal case judgment, the Government of India enacted the National Commission for Backward Classes Act, 1993 (Act No. 27 of 1993) for setting up a National Commission for Backward Classes at the Centre as a permanent body.

 

The Act came into effect on the 2nd April, 1993. Section 3 of the Act provides that the Commission shall consist of five Members, comprising of a Chairperson who is or has been a judge of the Supreme Court or of a High Court; a social scientist; two persons, who have special knowledge in matters relating to backward classes; and a Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India. The Government of India constituted the Commission by its Notification No. 12011/34/BCC/Pt. 1 dated 14th August 1993 with a term of three years. The Commission was subsequently re-constituted on 28.2.1997. and 28.7.2000. Constitutional Provisions: The Supreme Court of India in its Judgment dated 16.11.1992 in Writ Petition (Civil) No. 930 of 1990 Indira Sawhney & Ors. Vs. Union of India and Ors. - directed the Govt. of India, State Govts. and UT Administrations to constitute a permanent body in the nature of a Commission or Tribunal for entertaining, examining and recommending upon requests for inclusion and complaints of over-inclusion and under-inclusion in the list of OBCs. In pursuance of the direction of the Supreme Court, the Govt. of India enacted the National Commission for Backward Classes Act, 1993 (Act No. 27 of 1993) and set up a National Commission for Backward Classes at the Centre. Article 340 of the Constitution provides for the appointment of a Commission to investigate the conditions of and the difficulties faced by the socially and educationally backward classes and to make appropriate recommendations .The article reads as under :- 340. Appointment of a Commission to investigate the conditions of backward classes:  

 

(1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of the socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any state and the conditions subject to which such grants should be made, and the order appointing such commission shall define the procedure to be followed by the Commission.

 

(2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and make such recommendations as they think proper.

 

(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each house of Parliament.

 

CRITERIA FOR DETERMINING THE CREAMY LAYER FOR PURPOSE OF EXCLUSION FROM BACKWARD CLASS BY NCBC [NATIONAL COMMISSION FOR BACKWARD CLASS]:

 

The Government of India through NCBC has evolved the criteria for exclusion of certain socially advanced persons/sections from the benefits of reservation available to OBCs in civil posts and services under the Government of India and this is called the "Creamy Layer criteria". Persons/Sections Excluded from Reservation which constitute Creamy Layer of the Society Creamy Layer Description of category To whom rule of exclusion will apply

 

I. Constitutional Posts Sons and daughter(s) of

 

(a) President of India;

 

(b) Vice-President of India;

 

(c) Judges of the Supreme Court and of the High Courts;

 

(d) Chairman and Members of UPSC and of the State Public Service Commission; Chief Election Commissioner; Comptroller and Auditor-General of India;

 

(e) Persons holding constitutional positions of like nature.

 

II. Service Category A. Group A/Class I Officers of the All India Central and State Services (Direct Recruits) Son(s) and daughter(s) of 

 

(a) parents, both of whom are Class I officers;

 

(b) parents, either of whom is a Class I officer;

 

c) parents, both of whom are Class I officers, but one of them dies or suffers permanent incapacitation;

 

(d) parents, either of whom is a Class I officer and such parents dies or suffers permanent incapacitation and before such death or such incapacitation has had the benefit of employment in any International Organization like UN, IMF, World bank, etc., for a period of not less than 5 years;

 

(e) parents, both of whom are Class I officers die or suffer permanent incapacitation and before such death or such incapacitation of the both either of them has had the benefit of employment in any International Organization like UN, IMF, World Bank, etc. for a period of not less than 5 years; Provided that the rule of exclusion shall not apply in the following cases :- (a) Sons and daughters of parents either of whom or both of whom are Class I officers and such parent(s) dies/die or suffer permanent incapacitation; (b) A lady belonging to OBC category has got married to a Class I officer, and may herself like to apply for job. B. Group B/Class II Officers of the Central and State Services (Direct Recruitment) Son(s) and daughter(s) of (a) parents, both of whom are Class II officers; (b) parents of whom only the husband is a Class II officer and he gets into Class I at the age of 40 or earlier; (c) parents, both of whom are Class II officers and one of them dies or suffers permanent incapacitation and either one of them has had the benefit of employment in any International Organization UN, IMF, World Bank, etc., for a period of not less than 5 years before such death or permanent incapacitation; (d) parents of whom the husband is a Class I officer (direct recruitment or pre-forty promoted) and the wife is a Class II officer and the wife dies; or suffers permanent incapacitation; and (e) Parents, of whom the wife is a Class I officer (Direct Recruit or pre-forty promoted) and the husband is a Class II officer and the husband dies or suffers permanent incapacitation;

 

Provided that the rule of exclusion shall not apply in the following cases:- Sons and daughters of 

 

(a) Parents both of whom are Class II officers and one of them dies or suffer permanent incapacitation.

 

(b) Parents, both of whom are Class II officers and both of them die or suffer permanent incapacitation, even though either of them has had the benefit of employment in any International Organization like UN, IMF, World Bank, etc, for a period of not less than 5 years before their death or permanent incapacitation.

 

C. Employees in Public Sector Undertakings, etc. The criteria enumerated in A and B above in this category will apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organizations, Universities, etc., and also to equivalent or comparable posts and positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category VI below will apply to the officers in these Institutions. III. Armed forces including Paramilitary Forces (Persons holding civil posts are not included). Son(s) and daughter(s) of parents either or both of whom is or are in the rank of Colonel and above in the Army and to equivalent posts in the Navy and the Air Force and the Paramilitary Forces; Provided that (i) If the wife of an armed forces officer is herself in the armed forces (i.e., the category under consideration) the rule of exclusion will apply only when she herself has reached the rank of Colonel; (ii) the service ranks below Colonel of husband and wife shall not be clubbed together; (iii) if the wife of an officer in the armed forces is in civil employment, this will not be taken into account for applying the rule of exclusion unless she falls in the service category under item No. II in which case the criteria and conditions enumerated therein will apply to her independently. IV. Professional class and those engaged in Trade and Industry (i) Persons engaged in profession as a doctor, lawyer, chartered accountant, income tax consultant, financial or management consultant, dental surgeon, engineer, architect, computer specialist, film artists and other film professional, author, playwright, sports person, sports professional, media professional or any other vocations of like status. Criteria specified against Category VI will apply (ii) Persons engaged in trade, business and industry. Criteria specified against Category VI will apply. EXPLANATION – (i) Where the husband is in some profession and the wife is in a Class II or lower grade employment, the income/wealth test will apply only on the basis of the husband’s income. (ii) If the wife is in any profession and the husband is in employment in a Class II or lower rank post, then the income/wealth criterion will apply only on the basis of the wife’s income and the husband’s income will not be clubbed with it. V. Property Owners A. Agricultural holding. Son(s) and daughter(s) of persons belonging to a family (father, mother and minor children) which owns- (a) only irrigated land which is equal to or more than 85% of the statutory ceiling area, or (b) both irrigated and unirrigated land, as follows:-

 

(i)          The rule of exclusion will apply where the pre-condition exists that the irrigated area (having been brought to a single type under a common denominator) 40% or more of the statutory ceiling limit for irrigated land (this being calculated by excluding the unirrigated portion). If this pre-condition of not less than 40% exists, then only the area of unirrigated land will be taken into account. This will be done by converting, the unirrigated land on the basis of the conversion formula existing, into the irrigated type. The irrigated area so computed from unirrigated land shall be added to the actual area of irrigated land and if after such clubbing together the total area in terms of irrigated land is 85% or more of the statutory ceiling limit for irrigated land, then the rule of exclusion will apply and disentitlement will occur.) (ii) The rule of exclusion will not apply if the land holding of a family is exclusively unirrigated. B. Plantations (i) Coffee, tea, rubber, etc.

 

(ii)        Mango, citrus, apple plantations, etc. Criteria of income/wealth specified in Category VI below will apply. Deemed as agricultural holding and hence criteria at an above under this category will apply. Criteria specified in Category VI below will apply. C. Vacant land and/or buildings in urban Agglomerations.

 

EXPLANATION:-

Building may be used for residential, industrial or commercial purpose and the like two or more such purposes. VI. Income/Wealth Test (See Foot Note - Limt raised to Rs. 4.5 Lakhs ) Son(s) daughter(s) **(a) Persons having gross annual income of Rs. 1 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Act for a period of three consecutive years. (b) Persons in Categories I, II, III and V-A who are not disentitled to the benefit of reservation but have income from other sources of wealth which will bring them within the income/wealth criteria mentioned in (a) above.

 

 

EXPLANATION:-

(i) Income from salaries or agricultural land shall not be clubbed;

(ii) The income criteria in terms of rupee will be modified taking into account the change in its value every three years. If the situation, however, so demands, the interregnum may be less. EXPLANATION Wherever the expression permanent incapacitation occur in this schedule, it shall mean incapacitation which results in putting an officer out of service.

 


Source : V.N shukla Constitution of india and report of NCBC,



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