31 JUL 2019

The Union Cabinet, chaired by the Prime Minister Narendra Modi has approved the extension of the term of the commission constituted under Article 340 of the constitution to examine the issue of Sub-categorization within other Backward Classes in the Central List by six months beyond 31st July, 2019 and upto 31st January, 2020.

Benefits
The proposed extension of tenure shall enable the “Commission” to submit a comprehensive report on the issue of sub-categorization of OBCs, after consultation with various stake holders.

PIB

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22 NOV 2018

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the extension of the term of the Commission to examine the issue of Sub-categorization of Other Backward Classes in the Central List for six months beyond 30th November, 2018 and till 31st May 2019.

The Commission has held extensive meetings with the stake holders including the State Governments, the State Backward Classes Commissions, various community associations and general public belonging to various Backward Classes and Commissions and also obtained records, caste-wise, of OBCs admitted in higher educational institution as well as similar caste-wise data of recruits in Central Departments, Central Public Sector Undertakings, Public Sector Banks & Financial Institutions.

Based on the emanating information from the data as processed and analyzed, the Commission has expressed that a round of discussion with the States and their Backward Classes Commission was required before finalizing the sub-categorized lists and the Report.

PIB

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Cabinet approves extension of the term of the Commission to examine the issue of Sub-categorization of Other Backward Classes in the Central List

09 AUG 2018

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved the extension of the term of the Commission to examine the issue of Sub-categorization of Other Backward Classes in the Central List till November, 2018.

The Commission has held extensive meetings with the stake holders including the State Governments, the State Backward Classes Commissions, various community associations and general public belonging to various Backward Classes and Commissions. It had also obtained records, caste-wise, of OBCs admitted in higher educational institution as well as similar caste-wise data of recruits in Central Departments, Central Public Sector Undertakings, Public Sector Banks & Financial Institutions.

Based on the emanating information from the data as processed and analyzed, the Commission has expressed that a round of discussion with the States and their Backward Classes Commission was required before finalizing the sub-categorized lists and the Report.

PIB

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Posted On: 07 FEB 2018 1:15PM by PIB Delhi

No centralized data regarding number of candidates belonging to the Other Backward Castes stated to have been deprived of reservation benefit for appointment to posts under Central Government due to their coming under creamy layer is maintained. There is no reservation in promotion for Other Backward Classes.

At present, there is no proposal under consideration to determine creamy layer for the candidates of general category. The 9 Judge Constitutional Bench of Supreme Court in the case of Indra Sawhney has inter-alia held that “a backward class cannot be determined only and exclusively with reference to economic criterion. It may be a consideration or basis along with and in addition to social backwardness, but it can never be the sole criterion”.

This was stated by the Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Dr Jitendra Singh in a written reply to a question in the Lok Sabha today.

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The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved the extension of term of the Commission to examine the issue of sub-categorization of Other Backward Classes, by twelve weeks i.e. upto 2nd April, 2018.  The extension of tenure will enable the Commission to submit a comprehensive report on the issue of sub-categorization of OBCs, after consultation with various stakeholders.

The Commission was constituted under article 340 of the Constitution with the approval of President on 2nd October, 2017 and it was stipulated that it would submit its report within twelve weeks from the assumption of charge by the Chairperson.

Background:

The Commission, headed by Justice (Retd.) Smt. G. Rohini commenced functioning- on 11th October, 2017 and has since interacted with all the Stats/UTs having reservation for OBCs, and the State Backward Classes Commissions. The Commission has requisitioned data from 197 Higher Education Institutions regarding admission of OBCs to higher education courses during the last three years and has also sought data regarding recruitment of OBC persons in Government jobs during the last three years in Government Departments, Public Sector Banks and Financial Institutions as well as in the CPSEs, with a view to determine the inequitable distribution of benefits of reservation among the castes/communities included in the Centre List of Other Backward Classes.

Keeping in view the voluminous data involved and the time required for its analysis to prepare a comprehensive report, the Commission had sought extension of its term by twelve weeks.

PIB

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F. No. 36023/1/2017-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment (Reservation-1) Section

North Block, New Delhi
Dated the October 27, 2017

OFFICE MEMORANDUM

Subject: Nominations for the training of the Liaison Officers for SC/ST/Person with Disabilities and Other Backward Classes-regarding

The undersigned is directed to refer to this Department’s Office Memorandum of  even number dated 11.08.2017 on the subject cited above whereby the Ministries/ Departments were requested to nominate their Liaison Officers for the above training programmes organised by Institute of Secretariat Training & Management (ISTM) to facilitate them in the performance of their duties.

2. It is stated that the ISTM issues course circulars for all the calendared courses at least 90 days before the commencement of the courses. Online nomination by the interested applicant/ nominees is mandatory in all courses. This is, inter-alia, required for shortlisting of the candidates, issuing automated communications through mail/ SMS of acceptance/ non- acceptance to their personal e-mail address/ mobile, plan logistics, etc.. The link for submission of online application is as under:-

http://www.istm.gov.in/home/online_nomination_form

3. All Ministries/ Departments are, therefore, requested to kindly direct their
nominated Liaison Officers to submit their online applications before the closing date to avoid inconvenience.

(Raju Saraswat)
Under Secretary
Tele. No. 2309 2110

To,
The Joint Secretaries (Administration) of all Ministries/Departments of Government
of India (through website)

Source: DoPT

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Department of Personnel and Training O.M. No.36012/22/93-Estt.(SCT),
dated the 8th September, 1993, to all Ministries/Departments, etc.

OFFICE MEMORANDUM

Subject: Reservation for Other Backward Classes in Civil Pats and Services under the Government of India – Regarding.

The undersigned Is directed to refer to this Departments O.M. No. 15012/31/90-Estt. (SCI), dated the 13th August, 1990 and 25th September, 1991 regarding reservation for Socially and Educationally Backward Classes in Civil Posts and Services under the Government of India and to say that following the Supreme Court judgement in the Indira Sewhney and other and others Vs. Union of India and others case (Write Petition (Civil) No. 930 of 1990) the Government of India appointed an Expert Committee to recommend the criteria for exclusion of the ;oddly advanced persons/section from the benefits of reservations for Other Backward Classes in civil poser and services under the Government of India.
2. Consequent to the consideration of the Expert Committee’s recommendations this Department’s Office Memorandum No. 36012/31190-Ests (SCT), dated 131.90 referred to in pan (1) above is hereby modified to provide as follows:

(a) 27% (twenty seven percent) of the amoeba in civil posts and services under the Government of India, to be filled through direst recruitment, shall be reserved for the Other Backward Classes. Detailed instruction relating to the procedure to be followed for enforcing reservation wit be issued separately.

(b) Candidates belonging to OBCs recruited on the basis of merit in an open competition on the same standards prescribed for the general candidates shall not be adjusted against the reservation quota of 27%.

(c) (i) The aforesaid reservation shall not apply to persons/sections mentioned in column 3 of the Schedule to this office memorandum.

(ii) The rule of minion win not apply to persons working as artisans or engaged in hereditary occupations, callings. A list of such occupations, callings will be issued separately by the Ministry of Welfare.

The OBCs for the purpose of the aforesaid reservation would contain, in the first phase, the castes and communities which are common to both the lists in the report of the Mandal Commission and the State Governments’ Lists. A list of such canes and communities is being issued separately by the Ministry of Welfare.

(e) The aforesaid reservation shall take immediate effect. However, this will not apply to vacancies where the recruitment process boa already been initiated prior to the issue of this order,

3. Similar instructions in respect of public sector undertakings and financial institution  including public sector banks will be issued by the Department of Public Enterprises and by the Ministry of Finance respectively effective from the date of ibis Office Memorandum.

Sd/
(Smt. Smite Prasad)
Joist Secretary to the Government of India.

Click here to see the SCHEDULE

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No. 36033/1/2013-Estt. (Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel &Training

North Block, New Delhi,
Dated: September 13, 2017

OFFICE MEMORANDUM

Subject: Revision of income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs)-reg.

The undersigned is directed to invite attention to this Department’s Office Memorandum No. 36012/22/93-Estt. (SCT) dated 8th September, 1993 which, inter-alia, provided that sons and daughters of persons having gross annual income of Rs.1 lakh or above for a period of three consecutive years would fall within the creamy layer and would not be entitled to get the benefit of reservation available to the Other Backward Classes. The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs. 2.5 lakh, Rs. 4.5 lakh and Rs. 6 lakh vide this Department’s OM No. 36033/3/2004-Estt. (Res) dated 09.03.2004, OM No. 36033/3/2004-Estt. (Res) dated 14.10.2008 and OM No. 36033/1/2013-Estt. (Res) dated 27.05.2013 respectively.

2. It has now been decided to raise the income limit from Rs. 6 lakh to Rs. 8 lakh per annum for determining the creamy layer amongst the Other Backward Classes. Accordingly, the expression “Rs. 6 lakh” under Category VI in the Schedule to this Department’s aforesaid O.M. dated 8th September, 1993 would be substituted by “Rs. 8 lakh”.

3. The provisions of this office memorandum have effect from 1st September, 2017.

4. All the Ministries/Departments are requested to bring the contents of this office memorandum to the notice of all concerned.

Sd/-
(Debabrata Das)
Under Secretary to the Government of lndia

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The Union Cabinet chaired by Prime Minister Shri Narendra Modi has given its approval to the norms for establishing equivalence of posts in Government and posts in PSUs, PSBs etc. for claiming benefit of OBC reservations. This addresses an issue pending for nearly 24 years. This will ensure that the children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations, on par with children of people serving in lower categories in Government. This will also prevent children of those in senior positions in such institutions, who, owing to absence of equivalence of posts, may have been treated as non Creamy Layer by virtue of wrong interpretation of income standards from cornering government posts reserved for OBCs and denying the genuine non creamy layer candidates a level playing field.

The Union Cabinet also approved the increase in the present income criterion of Rs. 6 lakh per annum for applying the Creamy Layer restriction throughout the country, for excluding Socially Advanced Persons/Sections (Creamy Layer) from the purview of reservation of Other Backward Classes (OBCs). The new income criterion will be Rs. 8 lakh per annum. The increase in the income limit to exclude the Creamy Layer is in keeping with the increase in the Consumer Price Index and will enable more persons to take advantage of reservation benefits extended to OBCs in government services and admission to central educational institutions.

These measures are a part of the Government’s efforts to ensure greater social justice and inclusion for members of the Other Backward Classes. The Government has already introduced in Parliament, a bill to provide Constitutional status to the National Commission for Backward Classes. It has also decided to set up a Commission, under section 340 of the Constitution, to sub categorize the OBCs, so that the more backward among the OBC communities can also access the benefits of reservation for educational institutions and government jobs. All these decisions, taken together, are expected to ensure greater representation of OBCs in educational institutions and jobs, while also ensuring that the more under-privileged within the category are not denied their chance of social mobility.

Background:

In its judgment dated 16.11.1992 in WP(C) 930/1990 (IndraSawhney case) the Supreme Court had directed the Government to specify the basis, for exclusion of socially and economically advanced persons from Other Backward Classes by applying the relevant and requisite socio-economic criteria.

An Expert Committee was constituted in February 1993 which submitted its report on 10.03.1993 specifying the criteria for identification of socially advanced persons among OBCs i.e. the Creamy Layer. The report was accepted by the then Ministry of Welfare and forwarded to DoPT which issued an OM dated 08.09.1993 on exclusion from the Creamy Layer.

The OM of 08.09.1993 specifies six categories for identifying Creamy Layer (a) Constitutional/Statutory post (b) Group ‘A’ and Group ‘B’ Officers of Central and State Governments, employees of PSUs and Statutory bodies, universities, (c) Colonel and above in armed forces and equivalent in paramilitary forces (d) professionals like Doctors, Lawyers, Management Consultants, Engineers etc. (e) Property owners with agricultural holdings or vacant land and/or buildings and (f) income/wealth tax asessee.

The OM further stipulates that the said parameters would apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organizations, Universities, etc. and Government was required to determine equivalence of positions in these organizations with those in Government.

Pending the equivalence to the established in these institutions Income criteria would apply for the officers in these Institutions.

However, this exercise of determining the equivalence of posts in Government and posts in PSUs, PSBs etc. had not been initiated. The determination of equivalence of posts has been thus pending for almost 24 years.

The matter of formulating equivalence has since been examined in detail. In PSUs, all Executive level posts i.e. Board level executives and managerial level posts would be treated as equivalent to group ‘A’ posts in Government and will be considered Creamy Layer. Junior Management Grade Scale-1 and above of Public Sector Banks, Financial Institutions and Public Sector Insurance Corporations will be treated as equivalent to Group ‘A’ in the Government of India and considered as Creamy Layer. For Clerks and Peons in PSBs, FIs and PSICs, the Income Test as revised from time to time will be applicable. These are the broad guidelines and each individual Bank, PSU, Insurance Company would place the matter before their respective board to identify individual posts.

PIB

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The Union Cabinet chaired by Prime Minister Shri Narendra Modi today approved a proposal for setting up of a Commission under article 340 of the Constitution to examine the issue of sub-categorization of the Other Backward Classes (OBCs).

The Commission shall submit its report within 12 weeks from the date of appointment of the Chairperson of the Commission. The Commission shall be known as the Commission to examine the sub-categorization of Other Backward Classes.

The proposed terms of references of the Commission are as follows:

(i) To examine the extent of inequitable distribution of benefits of reservation among the castes/ communities included in the broad category of OBCs, with reference to the OBCs included in the Central list.

(ii) To work out the mechanism, criteria, norms and parameters, in a scientific approach, for sub-categorization within such OBCs, and,

(iii) To take up the exercise of identifying the respective castes/communities/ sub-castes/ synonyms in the Central List of OBCs and classifying them into their respective sub-categories.

The Supreme Court in its order dated 16.11.1992 in WP(C) No. 930/1990 (Indra Sawhney and others vs. Union of India) observed that there is no Constitutional or legal bar to a State categorizing backward classes as backward or more backward and had further observed that if a State chooses to do it (sub-categorization), it is not impermissible in law.

Nine States of the country viz., Andhra Pradesh, Telangana, Puducherry, Karnataka, Haryana, Jharkhand, West Bengal, Bihar, Maharashtra and Tamil Nadu have already carried out sub-categorization of Other Backward Classes.

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