Parental income alone cannot set creamy layer status
The Supreme Court has clarified that parental income alone cannot be the sole criterion for determining the creamy layer status of OBC candidates for reservation. The court ruled that parental income from salaries and agricultural land should be excluded when applying the income/wealth test. This decision is expected to widen the reservation pool by including children of senior public sector officials previously excluded based on their parents' annual salary exceeding ₹8 lakh. The judgment emphasizes that creamy layer exclusion criteria are 'status-based' rather than purely income-based, reflecting social progression through governmental service hierarchy.
Key Points
- The Supreme Court ruled that parental income alone is insufficient to determine creamy layer status for OBC candidates.
- Income from salaries and agricultural land of parents should be excluded when applying the income/wealth test for creamy layer.
- This ruling is expected to expand the reservation pool for OBCs, benefiting children of senior public sector officials.
- The court emphasized that creamy layer exclusion criteria are 'status-based,' reflecting social progression, not just income levels.
- The 1993 charter of the Department of Personnel and Training (DoPT) declared some OBC families ineligible based on occupations and constitutional posts.
Exam Facts
- The Supreme Court ruling was delivered by a Bench of Justices P.S. Narasimha and R. Mahadevan.
- The previous threshold for parental annual salary for exclusion from OBC reservation was ₹8 lakh.
- The OBC quota was introduced in 1993 with a guiding charter to exclude the creamy layer.
- The DoPT issued a clarificatory letter in October 2004 regarding the income test application.
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