Reservation in admission of students belonging to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) in Central Educational Institutions established, maintained or aided by the Central Government is enforced through the Central Educational Institutions (Reservation in Admissions) Act, 2006 as amended from time to time. At present there is no proposal under consideration of Government to enact legislation for implementing reservation in services under the Central Government and its Public Sector Undertakings.

The policy of reservation in services is administered through executive instructions. The Hon’ble Supreme Court in the case of Indira Sawhney vs. Union of India (W.P. No. 930 of 1990) has held that these instructions have the force of law.

This information was given by Minister of State for Social Justice and Empowerment Shri Vijay Sampla in a written reply in Lok Sabha today.

PIB

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The erstwhile Ministry of Welfare had constituted the Expert Committee and on its basis Department of Personnel and Training has issued Office Memorandum Vide No.36033/3/2004-Estt. (Res) dated 9th March, 2004 on the subject “Revision of Income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs)”.  In the Office Memorandum dated 08th September 1993, and for the category VI of the Schedule, the following explanations were also mentioned:-

Income from salaries or agricultural land shall not be clubbed;

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.

In para 27 of the Report, the Expert Committee of 1993 had observed the following:

“In addition to the above, we have to say that the income/wealth test governs categories IV, VB and VC as stated earlier. For the remaining categories, namely I, II,III and VA, specific criteria have been laid down; however, if in these categories, any person, who is not disentitled to benefit of reservation, has income from other sources or wealth, which will bring him within the criterion under Item No.VI, then he shall be disentitled to reservation, in case his income-without clubbing his income from salaries or agricultural land – or his wealth is in excess or cut-off points prescribed under the income/wealth criteria.”

From the reading of para-27 of the Expert Committee Report, it is clear that the Explanation (i) given below to Category VI of Schedule to OM dated 08.09.1993, that income from salaries or agricultural land shall not be clubbed would be applicable only in respect of category VI(b). Hence as per provision of O.M. dated 08.09.1993, the salary of the parents of the candidates, who are working in PSUs, PSBs  etc., was taken into account for determining their Creamy Layer status, till such time the equivalence vis-à-vis Government posts is established.

The erstwhile National Commission for Backward Classes (NCBC) in 2011 had recommended Rs. 9 lakh for Rural and Rs. 12 lakh for Urban for income limit for creamy layer.

In the year of 2015, the erstwhile National Commission for Backward Classes had recommended Rs. 15 lakh for income limit for Creamy layer.

The Cabinet in 2004 had decided to follow the Consumer Price Index (CPI) principle which has been adopted and not the formula recommended by NCBC.

This information was given by Minister of State for Social Justice and Empowerment Shri Krishan Pal Gurjar in a written reply in Lok Sabha today.

PIB

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No.12017/02/2018-SCD(R.L.Cell)
Government of India
Ministry of Social Justice and Empowerment
Department of Social Justice and Empowerment

Shastri Bhawan, New Delhi
New Delhi, dated: 15.03.2018

To,
The Chief Secretaries to all the State Governments/Union Territory Administrations.

Subject: Need to avoid the nomenclature “Dalit” for the members belonging to Scheduled Castes.

Sir,
I am directed to refer to the Ministry of Home Affairs (MHA) letter No. BC 12025/44/80-SC&BCD.I/IV, dated 10.02.1982, addressed to all the State Governments/Union Territory Administrations in which a request was made to issue instructions to the authorities empowered to issue the Scheduled Castes certificates, not to insert the word ‘Harijin’ in the Scheduled Caste certificates, but to mention only the caste to which the person belongs and which has been recognised as Scheduled Caste under the Presidential Orders. Subsequently, the Ministry of Welfare (now Social Justice and Empowerment), vide, letter No. 12025/14/90-SCD (R.L.Cell), dated 16.08.1990, again requested the State Governments/ UT Administrations that for all official transactions, matters, dealings, certificates etc., the Constitutional term, ‘Scheduled Caste’ in English and its appropriate translation in other national languages should alone be used for denoting the persons belonging to the Scheduled Castes. Thereafter, in compliance with recommendation of the Department Related Parliamentary Standing Committee the aforesaid instructions were again reiterated vide this Ministry’s letter No.17020/64/2010-SCD (R.L.Cell) dated 22.11.2012.

2. The Hon’ble High Court of Madhya Pradesh, Gwalior Bench in its order dated 15.01.2018 passed in W.P. No.20420 of 2017 (PIL)-Dr.Mohanlal Mahor Vs.Union of India & Ors. has directed as under:-

“…..that the Central Government/ State Government and its functionaries would refrain from using the nomenclature ‘Dalit’ for the members belonging to Scheduled Castes and Scheduled Tribes as the same does not find mentioned in the Constitution of India or any statute.”

3. All the State Governments/U.T. Administrations are requested that for all official transactions, matters, dealings, certificates etc., the Constitutional term, ‘Scheduled Caste‘ in English, and its appropriate translation in other national languages should alone be used for denoting the persons belonging to the Scheduled Castes notified in the Presidential Orders issued under Article 341 of the Constitution of India.

Yours faithfully,
sd/-
(Arvind Kumar)
Director (SCD)

Source: http://www.icar.org.in

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