OBCs Reservation: OBCs i.e., the Other Backward Classes are entitled to reservation concerning government jobs, apart from seats in the educational organizations. However, it should be noted that it is only the candidates belonging to the non-creamy layer who can avail of the reservation.
But, quite a huge majority of the candidates, apart from quite a few of the bureaucrats are not well aware of the exact provisions for the reservation for OBCs. Go on and you would find the reading useful to clarify the confusions, if any, thus helping the reader understand the exact provisions for the reservation for the OBCs.
That is to say, it would be clearly understandable to the candidates from the OBC if they are from the creamy or the non-creamy layer.
OBCs Reservation: Other Backward Classes
OBCs are the backward Indian classes concerning the socio-economic platform. They are distinct from the SCs (Scheduled Classes) or STs (Scheduled Tribes). The Central Government maintains a list for the castes/communities that fall under the category OBC.
What are the benefits drawn by the OBCs?
- The Central, apart from the State Governments have been running various schemes and programs to uplift the OBCs. The benefits are as listed below:
(a) There is a 27% Reservation Quota concerning the Government Jobs including IAS and IPS, besides the Government institutions including IITs and IIMs.
- Relaxation for the Upper Age Limit for various Exams including the Civil Services Exam conducted by the Union Public Service Commission. Besides, there is a relaxation concerning the total number of attempts for various Exams.
- Relaxation in the cut-off marks. Only the lower cut-off is required in order to clear the Exams.
Are all the OBCs entitled to avail of the reservation benefits?
No, they are not. As already specified above, it is only an OBC from the Non Creamy Layer who can avail of the reservation benefits with respect to various government jobs as well as educational institutions. The candidates from the creamy OBC layer are not entitled to the benefits.
Mandal Commission and the Reservations
OBCs Reservation: An office memorandum for reserving 27% posts in the Central Government Services was issued by the Central Government as per the Mandal Commission’s recommendations. However, the order was challenged in the Supreme Court: Indra Sawhney and Others vs Government of India, 1992. Though the Honorable Supreme Court upheld the order, it was ruled that the creamy layer of OBCs would no longer be allowed the reservation quota.
A commission chaired by the Justice Ram Nandan Prasad was constituted by the Central Government in order to identify the OBC creamy layer. The Central Government approved of the recommendations made by the Government.
The Central Government issued the criteria and guidelines for the exclusion of the creamy layer of OBCs for reservation. The same criteria and guidelines are applicable till the present date when we talk of the reservation.
It should be noted that there is no creamy layer concerning the reservation for the SCs/STs.
How to be sure if you can avail of the OBC reservation?
As already specified, the Central Government maintains the list for various castes/communities that are considered OBC. You may throw a glance at the list in order to check for the OBC status as per the state. In case, your caste/community is specified there, you may avail of the reservation provided you belong to the non creamy layer.
How to identify whether you belong to the creamy or non creamy layer of OBCs?
Creamy layer is based on your parents’ status. In case, you aim at procuring a Central Government job, but the parents have been Class I officer i.e., entered the service before turning 40, it would be treated as a case of Direct Recruitment. And the applicant would be considered as belonging to the creamy layer.
Besides, if both the parents have entered the service as the Class II officers before they turned 40, it again would be treated as a case of direct recruitment. And the applicant would be treated as belonging to the creamy layer.
How to identify if you belong to the non creamy layer of OBC?
Almost all, except the cases specified above are entitled to the benefits of the non creamy layer.
In case the parents have not been recruited directly to the Class I – Group A or Class II – Group B or they do not occupy any of the constitutional posts including that of the President, the Vice President or the Governor, you are from the non-creamy layer of OBCs.
In case, the parents are not employed by the government services, their income should be within the limits that can be treated as the non creamy layer of OBCs.
The Non Creamy Layer: Income Limits
The annual income of the parents should be less than Rs. 8 Lakhs. However, the salary and the agricultural income is not considered when it comes to calculating the annual income for the creamy layer’s status. The entry cadre or the post is considered in the case of the Government employees.
At the time of the introduction of the concept of the creamy layer in the year 1993, the income limit/annum was only Rs. 1 Lakh. Later, in 2004, it was increased to Rs. 2.5 lakhs/annum. And in 2008, it was raised to Rs. 4.5 lakhs/annum and then to Rs. 6 lakhs/annum in 2013. After some time, it was raised up to Rs. 8 lakhs/annum.
Who issues the certificate for the OBC non creamy layer?
The concerned authority to do so is usually the Tahsildar, State Government. Besides, the procedure for procuring the certificate may differ from one state to another.
What role does the candidate’s income play while deciding the non creamy layer status?
It is only the parents’ and not the candidate’s income that is considered to decide the status as the non creamy layer. Besides, the income of the spouse is also not considered.
A Few Tips to Help You Discover if You May Get the OBC Non Creamy Layer Certificate
- In case, during any of the previous 3 years, your parents’ income is lesser than Rs. 8 lakhs, you may avail of the OBC non creamy layer benefits.
- In case, your parents have been earning more than Rs. 8 lakhs, but the rank is below that of the Group B officers, you belong to the non creamy layer.
- Only the children of the Groups A and B Class I officers and both parents employed as Group B Class II Officers are excluded i.e., they cannot avail of the reservation benefits.
- In case, you aim at procuring a Central Government job, but the parents have been Class I officer i.e., entered the service before turning 40, it would be treated as a case of Direct Recruitment. And the applicant would be considered as belonging to the creamy layer.
- Besides, if both the parents have entered the service as the Class II officers before they turned 40, it again would be treated as a case of direct recruitment. And the applicant would be treated as belonging to the creamy layer.
- In the case of the Public Sector Undertakings, the posts for the executives including at levels of the board and the managerial level are considered as equivalent to the Group A and hence, as the creamy layer.
- Besides, the Grade Scale I at the Junior Management (and above) for the banks of Public Sector, financial institutions and the Public Sector Insurance Corporations are also considered as equivalent to the Group A, and hence are the Creamy Layer.
- It should be noted that the reservation for the OBC is completely different from that of the EWS. It is best not to get confused. You may also visit the NCBC, i.e., the website for the National Commission for Backward Classes for any further clarifications.