Re: What do we me mean by OBC creamy and non creamy layer?
The word creamy Layer was first introduced by the supreme court in 1992 on the mandal commission recommendation requesting for 27% reservation to the other back ward classes in the central government. In that case the Supreme Court held that the more privilege cannot be given to all the OBC members and to decision to judge the criteria was given to the state government. The state government was given the power to decide who should come in the creamy layer and who should not come in the creamy layer.
Most of the state made some criteria, but some state such as Kerala did not make any of the criteria for Creamy layer. The Supreme Court has also made some criteria in the judgment of the Supreme Court in 1992 with regard to the Creamy layer. The main criteria which were framed by the Supreme Court was that the reservation was not given to the children of the president, Vice-President and judges of the high courts and supreme courts. The Supreme Court also excluded group A and B or class 1 and class II officers of all the central and state government. Certain sealing was given to the people who are land owners and plantation owners and certain person whose income is more than 2.5 lakhs was not given the benefits of reservation.
In India there are so many misunderstanding amount the members regarding the creamy layer. The creamy layer is decided on the basis of the income of the patents of the candidates and it does not deals with the income of the candidates who wanted to get reservation. It is nothing to do with the income of the candidate. The eligibility of the candidate is not based on the salary they earn but with regard to the position of the parent of the candidates. The concept of the creamy layer is only meant to the OBC candidates only. It does not apply to the schedule castes and scheduled tribe’s category.
The member who comes under the creamy layer will not get reservation for the appointment. The member who does not come under the creamy layer will have to produce the certificate known as non-creamy layer certificate. Non-creamy layer is the candidates who do not come under the creamy layer scheme. The ceiling of the creamy layer was increased from 2,50,000 to 4,50,000 in October 2008. Now a day the patents who earn less than 4,50,000 annual income will come under the non-creamy layer and they will get the benefit of reservation for the post. The candidate whose parents comes under the business class will come under the creamy layer only if the annual income is more than Rs.4,50,000/-. They will only come under the creamy layer if they have more than Rs.4,50,000 for the past 3 consecutive years. The patents of the candidates engaged in the profession of trade, profession and industry such as chartered accountant, income tax consultants, doctors, lawyers, engineers and other professional whose annual income is more than 4,50,000 will not be eligible for the benefits of the reservation.
For getting the reservation the candidates has to produce the certificate known as non-creamy layer certificate.
Following are the persons who are competent as per law to issue the non-creamy layer certificate is as follows
1) Revenue inspectors not below the rank of Tahsildar where the candidate resides
2) Sub-divisional officer where the candidate resides.
3) Chief Presidency Magistrate where the candidate resides.
4) Additional Chief Presidency Magistrate where the candidate resides.
5) Presidency magistrate where the candidate resides.
6) District Magistrate where the candidate resides.
7) Additional Magistrate where the candidate resides.
8) Collector where the candidate resides.
9) Deputy Commissioner where the candidate resides.
10) Additional Deputy Commissioner where the candidate resides.
11) Deputy Collector where the candidate resides.
12) Sub-Divisional magistrate where the candidate resides.
13) Taluka Magistrate where the candidate resides.
14) Executive Magistrate where the candidate resides.
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