GOVERNMENT OF INDIA
MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT
RAJYA SABHA
UNSTARRED QUESTION NO -1736
ANSWERED ON – 15/03/2023

ABOLISHING CREAMY LAYER IN PROVIDING RESERVATION FOR OBCs

1736. DR. KANIMOZHI NVN SOMU
Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:-

(a) whether Government has plans to abolish creamy layer in providing reservation for OBCs in both education and employment in Government and Public Sector Undertakings (PSUs);

(b) if so, the details thereof and the effective steps taken by Government to ensure social justice for the people belonging to OBCs and BCs in the country;

(c) the details of the total vacancies available under OBC/ BC category in Central Government, PSUs and allied bodies under Government; and

(d) the steps taken by Government to uphold social justice in educational and employment opportunities?

ANSWER

THE MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT (SHRI A. NARAYANASWAMY)

(a) No Sir.

(b) & (d) The schemes being implemented by the Government to ensure Social Justice for the OBCs are:

• (i) In matter of direct recruitment to Central Government jobs and in admission to Central Government educational institutions. 27% reservation is available to the OBCs.
• (ii) Pre-Matric Scholarship for OBCs – for students of classes I to X.
• (iii) Post-Matric Scholarship for OBC students – for students of classes XI and XII.
• (iv) Dr. Ambedkar Scheme of Interest Subsidy on Educational Loan for Overseas Studies for OBCs/EBCs.
• (v) National Fellowship for OBCs.
• (vi) Construction of Hostels for OBC Boys and Girls.
• (vii) Assistance for Skill Development of OBCs/DNTs/EBCs.
• (viii) Launch of Venture Capital Fund for OBCs.
• (ix) Low Interest Loan/ Finance Assistance Schemes of National Backward Classes Finance & Development Corporation (NBCFDC) for OBCs.

(c) As per information provided by the Department of Personnel & Training, 95563 backlog reserved vacancies for OBCs in Central Government, Public Sector Banks/financial Institutions, Central Public Sector Undertakings etc. have been filled up from 2016 to 2021.

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 OFFICE MEMORANDUM

Sub: Computation of reservation — Implementation of the judgment of Hon’ble Supreme court in the matter of Union of India & Anr. Vs. National Federation of Blind & Ors.

The undersigned is directed to refer to this Department’s OM. of even no. dated 20.03.2014 regarding judgment of the Hon’ble Supreme Court pronounced on 08.10.2013 in the matter of Civil Appeal No.9096 of 2013 (arising out of SLP(civil) No.7541 of 2009 titled Union of India & Anr. Vs. National Federation of Blind & Ors. and this Department’s O.M. of even no. dated 03.12.2013.

2. The Ministries/Departments/Organisations of the Government of India were requested to furnish data on vacancies available and posts identified for persons with disabilities in all the cadres under their control, including attached offices, subordinate offices, public sector undertakings/Government companies, cantonment board and the services under their administrative control so that consolidated Status Report could be filed before the Hon’ble High Court of Delhi before the next date of hearing on 28.04.2014.

3. The Ministries/Departments who have already furnished requisite information may furnish data in regard to the Services, if any, which are being administered by them.

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36012_24_2009-Estt-Res.pdf]

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Inclusion of Jat community in the Central List of OBCs for the States of Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Rajasthan Uttar Pradesh, Delhi, Uttarakhand and Bihar

The Union Cabinet today approved the following as suggested by the Group of Ministers.

Jats are already included in the State List of OBCs in nine States. Formal reports of the State Backward Class Commissions on the subject for the States of Haryana (2012) and Himachal Pradesh (2002) and books relating to socio economic status of farming communities in northern India and caste, land and political power in Uttar Pradesh are available. These may contain valuable and relevant material which can be utilized by the National Commission for Backward Classes (NCBC) to give its advice on the demand for inclusion of Jats in the Central List of OBCs in the States of Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Rajasthan (two districts), Uttar Pradesh, Delhi, Uttarakhand and Bihar.

This decision would enable the Jat Community to avail the benefits of reservation available to the Other Backward Classes for employment/ admission in /to Central Government services and posts/ educational Institutions.

Background:
Jat Community has been demanding inclusion in the Central List of Other Backward Classes for various states. The NCBC which was set up under the NCBC Act 1993, has been entrusted with the function of examining requests for inclusion of any Class of citizens as a backward class in the lists (Central List of Other Backward Classes) and hear complaints of over inclusion or under inclusion of any backward class in such lists, and tender advice to the Central Government as desired appropriate. At present, the Jat Community is included, in the Central List of OBCs for the States of Gujarat – Jat (Muslim) and Rajasthan (except in Bharatpur and Dhaulpur districts). They are, at present, included in the State Lists of nine States. The requests of Jats for inclusion in the Central List of OBCs for the States of Haryana, Madhya Pradesh, Uttar Pradesh and Bharatpur and Dhaulpur districts of Rajasthan was earlier rejected by NCBC in 1997. The NCBC under the NCBC (Power to Review Advice) Rules 2011, decided to consider requests for inclusion of the Jat community after collecting additional socio-economic data through the ICSSR, in addition to data from the SECC. A GoM was constituted on 20.8.2013 to (i) engage with the representatives of the Jat community periodically; and (ii) apprise itself of the progress of the survey being conducted by NCBC through ICSSR in six states.

Source : PIB News

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Ministry of Social Justice & Empowerment

Revision of Income Criterion for Obcs

The Government has increased the income criterion for the persons to avail reservation benefits for Other Backward Classes from Rs. 4.5 lakh to Rs. 6 lakh per annum with effect from 16.05.2013.

The increase in the income limit to exclude Creamy Layer is in keeping with the increase in the Consumer Price Index.

The increase in income limit of Creamy Layer would enable more people of Other Backward Classes to take advantage of reservation in Government Services and admission in Central Educational Institutions, thereby bringing about equity and greater inclusiveness in society.

This information was given by the Minister of State for Social Justice and Empowerment, Shri P. Balram Naik in a written reply to a question in Rajya Sabha.

Source: PIB News

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Filling up backlog vacancies : Achievement of the Drive as reported by various Ministries / Departments on its conclusion revealed that out of total 75,522 identified backlog vacancies , there were 64,175 backlog vacancies which could be filled up and of these, 48,035 vacancies were filled up. Overall success rate of the Drive was 74.85%.

No.36038/1(i)/2013-Estt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi.
Dated the 21st June, 2013.

Subject: Filling up backlog vacancies reserved for Scheduled Castes (SCs)/Scheduled Tribes (STs)/Other Backward Classes (OBCs).

A Special Recruitment Drive for filling up of the backlog vacancies reserved for SCs/STs/OBCs had been launched in November, 2008 and was concluded on 31st March, 2012.

2. Achievement of the Drive as reported by various Ministries / Departments on its conclusion revealed that out of total 75,522 identified backlog vacancies , there were 64,175 backlog vacancies which could be filled up and of these, 48,035 vacancies were filled up. Overall success rate of the Drive was 74.85%. Reasons for non-filling up of reserved vacancies may be attributed to the lack of finishing skills like English fluency or interview skills, non availability of qualified reserved category candidates for posts requiring professional qualification especially in ST category, scarcity of qualified reserved category persons results in job switch over or not joining after selection as they get better jobs and in some cases selection is done on all India basis whereas allocation is made zone/State wise.

3. The Government considered the status of filling up of backlog vacancies reserved for SCs/STs/OBCs and desired that concerted efforts be made to fill up the backlog vacancies at the earliest and the status of action taken in this regard be monitored at the highest level. Besides, actions on the following measures are to be taken at the earliest to enhance the employability of reserved category candidates:

(i) In order to fill up the vacancies in the posts requiring professional qualifications, the concerned Ministries/Departments may take a decision within a period of six months on launching of a Special Recruitment Drive providing certain relaxations so that the vacancies may be filled up;

(ii) Finishing training should be imparted to the reserved category candidates once they complete technical/professional qualifications. Ministry of Social Justice and Empowerment and Ministry of Tribal Affairs would devise such programmes. Such programmes should be implemented with involvement of State and State Administrative Training Institutes.

(iii) Training programmes for interview skills and English proficiency may also be devised for reserved category persons for posts requiring non-professional qualifications;

(iv) The issue of providing reserve list/wail list of successful reserved category candidates would be taken up with the Recruitment Agencies so that in a situation when reserved category candidates with higher merit do no join the post, the post may be filled up from the candidates available in the reserved list;

(v) The issue of less employability of SCs/STs/OBCs and Persons with Disabilities for Government sector may require in-depth analysis of the causes and to suggest remedial measures. It would be appropriate to constitute a Committee with representations from Ministry of Social Justice and Empowerment, Ministry of Tribal Affairs, Department of Personnel and Training, major Ministries /Departments like Ministry of Home Affairs, Ministry of Railways and government recruitment agencies.

The committee should find out specific reasons for backlog in filling up of vacancies and suggest measures to enhance the employability of reserved category candidates. (vi) More and more posts may be identified for the persons with disabilities. Micro specifications may be made liberal by providing reasonable accommodation/technological help.

(vii) Schemes may be launched for establishment of inclusive schools/colleges where even persons with disabilities may be able to get education so that the dearth of qualified persons especially in Hearing Impaired category may be taken care of.

(viii) As regards awareness of opportunity for the Persons with Disabilities, the Non- Government Organisations (NGOs) working in the concerned area may be roped in by the Department of Disability Affairs for dissemination of information about schemes/programmes/job opportunities.

4. All the Ministries /Departments are requested to take follow up action on the decision taken by the Government. Quarterly reports be sent to this Department for monitoring the progress of implementation of these directions.

sd/-
(G. Srinivasan)
Deputy Secretary to the Government of India
Tele.: 23090374

To
The Joint Secretary (Administration),
All the Ministries/Departments /Autonomous Bodies/Attached offices as per the list attached.

1. D/o Agriculture and Cooperation
2. D/o Agriculture Research and Education
3. D/o Animal Husbandary, Dairying and Fisheries
4. D/o AR and PG
5. D/o Atomic Energy
6. D/o Avush
7. D/o Bio-Technology
8. Cabinet Secretariat
9. D/o Chemicals and Petra-Chemicals
10. M/o Civil Aviations
11. D/o Coal
12. M/o Commerce
13. Comptoller Auditor General
14. D/o Consumer Affairs
15. D/o Corporate Affairs
16. M/o Culture
17. D/o Defence
18. D/o Defence Production
19. D/o Defence Research and Development
20. M/o Development of North Eastern Region
21. D/o Disinvestrnent
22. M/o Drinking Water Supply & Sani ation
23. M/o Earth Science
24. D/o Economic Affairs
25. Election Commission
26. D/o Electronics and Information Technology (DEITY)
27. M/o Environment and Forests
28. D/o Expenditure
29. D/o Ex-Servicemen Welfare
30. M/o External Affairs
31. D/o Fertilizers
32. D/o Financial Services
33. D/o Food and Public Distribution
34. M/o Food Processing Industries
35. D/o Health and Family Welfare
36. D/o Health Research
37. D/o Heavy Industries
38. D/o Higher Education
39. M/o Home Affairs
40. M/o Housing and Urban Poverty Alleviation
41. D/o Industrial Policy and Promotion
42. M/o Information and Broadcasting
43. D/o Justice
44. M/o Labour and Employment
45. D/o Land Resources
46. D/o Legal Affairs
47. D/o Legislative
48. M/o Micro, Small and Medium Enterprises
49. D/o Mines
50. M/o Minority Affairs
51. M/o New and Renewable Energy
52. Office of the Principal Scientific Adviser
53. M/o Overseas Indian Affairs
54. M/o Panchayati Raj
55. M/o Parliamentary Affairs
56. D/o Pensions
57. D/o Personnel and Training
58. M/o Petroleum and Natural Gas
59. M/o Pharmaceutical
60. Planning Commission
61. D/o Posts
62. M/o Power
63. President’s Secretariat
64. Prime Minister Office
65. D/o Public Enterprises
66. M/o Railways
67. D/o Revenue
68. D/o Road Transport and Highways
69. D/o Rural Development
70. D/o School Education and Literacy
71. D/o Science and Technology
72. D/o Scientific and Industrial Research
73. D/o Shipping
74. M/o Social Justice and Empowerment
75. D/o Space
76. M/o Statistics and Programme Implementation
77. M/o Steel
78. D/o Telecommunication
79. M/o Textiles
80. D/o Tourism
81. M/o Tribal Affairs
82. UPSC
83. M/o Urban Development
84. Vice President Secretariat
85. M/o Water Resources
86. D/o Women and Child Development
87. M/o Youth Affairs and Sports
88. National Human Rights Commission
89. Staff Selection Commission
90. Council of Scientific & Industrial Research

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36038_1_2013-Estt.Res.-21062013-A.pdf]

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

North Bock, New Delhi,
Dated: the 27th May, 2013

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 akh and Rs. 4.5 Iakh and accordingly the expression “Rs.1 lakh” under Category-VI of Schedule to OM dated 8th September, 1993 was revised to “Rs. 2.5 lakh” and to “RS. 4.5 lakh” vide this Department’s OMs No. 36033/3/2004-Estt. (Res.) dated 09.03.2004 and dated 14.10. 2008 respectively.

2. It has now been decided to raise the income limit from Rs. 4.5 lakh to Rs. 6 lakh per annum for determining the creamy layer amongst the Other Backward Classes. Accordingly, the expression “Rs. 4.5 lakh” under Category VI in the Schedule to this Department’s aforesaid O.M. of 8th September, 1993 would be substituted by Rs. “Rs. 6 lakh”.

3. The provisions of this office memorandum have effect from 16th May, 2013.

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

sd/-
(Sharad Kumar Srivastava)
Under Secretary to the Govt. of India

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36033_1_2013-Estt-Res.pdf]

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(a) Separate registers/ roster registers shall be maintained for appointments made by direct recruitment and promotion. In case of promotion, separate registers / roster registers shall be maintained for each mode of promotion viz. limited competitive examination, selection, non-selection, etc.

(b) A common register / roster register shall be maintained for permanent appointments and temporary appointments likely to become permanent or to continue indefinitely.

(c) A separate register / roster register shall be maintained for purely temporary appointments of 45 days or more but which have no chance whatever of becoming permanent or continuing indefinitely.

(d) Immediately after an appointment is made, the particulars of the person appointed shall be entered in the register / roster register in the appropriate columns and the entry signed by the appointing authority or by an officer authorized to do so.

(e) No gap shall be left in completing the register / roster register.

(f) The register / roster register shall be maintained in the form of a running account year after year. For example if recruitment in a year stops at point 6, recruitment in the following year shall begin from point 7.

(g) If reservation register becomes unwieldy or difficult to manage, a fresh register may be started by applying the method of initial preparation of registers.

(h) In case of cadres where reservation is given by rotation, fresh cycle of roster shall be started after completion of all the points in the roster.

(i)  Since reservation does not apply to deputation/absorption, where the recruitment rules prescribe a percentage of posts to be filled by these methods, such posts shall be excluded for determining reservations.

(j)  After every recruitment year, an account shall be noted in the reservation register indicating representation of Scheduled Castes/Scheduled Tribes/Other Backward Classes and details of backlog reserved vacancies etc.

(i) Designation and number of each post.
(ii) Group to which the posts belong i.e. Group A, Group B, Group C or Group D.
(iii) Scale of pay of each post.
(iii)  Method of recruitment for each post as provided in the recruitment rules.
(iv) Minimum qualifications prescribed for direct recruitment to each post.

RESERVATION REGISTER 
1. Name of the post:
2. Method of Recruitment: DR/Promotion by selection/Promotion by non-selection /Promotion by Limited Departmental Examination.
3. Number of posts in the cadre (cadre strength):
4. Percentage of Reservation prescribed : SCs_________  ,  STs___________  , OBCs__________

RESERVATION ROSTER REGISTER 
1. Name of the post:
2. Method of Recruitment: DR/Promotion by selection/Promotion by non-selection/Promotion by Limited Departmental Examination.
3. Number of posts in the cadre:
4. Percentage of Reservation prescribed: SCs______ , STs_______ , OBCs__________

Source: www.persmin.nic.in

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RESERVATION IN PROMOTION

Minister of Personnel, Public Grievances & Pensions Shri.V.Narayanasamy replied to a question in Lok Sabha on 12th December 2012 regarding the subject of reservation in promotion.

In his written reply, reservation is available to Scheduled Castes and Scheduled Tribes at the rate of 15% and 7.5%, respectively, in all Groups viz. A, B, C (including erstwhile Group D posts) in case of promotion by non-selection method. In case of promotion by selection method, reservation is available in Group B, C and upto the lowest rung of Group A at the same rates.

As regards senior posts of Secretary, Additional Secretary and Joint Secretary in the Central Ministries/ Departments, these posts are filled on deputation basis under the Central Staffing Scheme except the posts in the Ministry of External Affairs. Reservation does not apply to posts filled on deputation. The officers borrowed from various cadres including the State Cadres, who are empanelled to hold such posts and who give their option for deputation are appointed under the Central Staffing Scheme. Likewise, the posts of Director (not including the posts in Central Secretariat Service) are also filled under the Central Staffing Scheme.

In case the empanelment does not lead to adequate representation to categories like SC/ST, women, particular State Cadres, North East, etc., the criteria for empanelment would be suitably relaxed to give due representations. For this purpose, adequacy of representation would mean the cumulative representation in four batches, i.e. current batch and immediately preceding 3 batches being less than 2/3rd of all India percentage of empanelment. The number of officers to be selected on this basis shall not exceed about 15% of the number included in the recommended list and these selections would follow the required process albeit with suitably relaxed norms. The relaxation is given in terms of Average Weighted Score obtained by an SC/ST officer in comparison to General Category Officers, if he/she is clear from vigilance angle.

Instructions exist that in promotions by selection within Group A (Class I) carrying an ultimate salary of Rs.18, 300/- (pre-revised) per month or less, the Scheduled Caste/Scheduled Tribe officers, who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list has to be drawn, would be included in the list provided they are not considered unfit for promotion.

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