Supreme Court creamy layer ruling: Children of government teachers, clerical staff to gain

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The children of government teachers and clerical staff form the bulk of around 140 candidates from Other Backward Classes (OBCs) who stand to benefit from the Supreme Court ruling that opened the door for them to enter various civil services or get elevated to more sought-after services, including the IAS and IPS, an analysis by The Indian Express shows.The Government had rejected their OBC certificates, mostly since 2016, saying they belonged to the “creamy layer” because their parents’ income was above Rs 8 lakh per annum. On November 6, the Supreme Court reaffirmed its March 11 judgment that salary or income alone cannot be used to determine creamy layer status in cases where parents work in PSUs, private-sector establishments, schools and other institutions — and that status and category of posts must also be considered.The Indian Express tracked down 84 OBC candidates in this group, reviewing the records of many and speaking to others, to find that the order will mainly benefit those whom it was meant for:Of the 84 candidates (66 men, 18 women), 31 are children of government teachers, 26 of government clerical staff and 22 of managerial staff in government organisations. Together, they add up to 79 candidates. Five others have parents employed in the private sector.Most of these 84 were selected in the Civil Services Examination (CSE) under the OBC category from 2016 and earlier in a few cases. Their selections were either rejected or their ranks were lowered and services re-allotted once they were categorised under “creamy layer”.These candidates hail from various OBC communities, mainly Kurmi/ Kunbi (16 from four states), Yadav (9 from five states), Gujjar (2 from two states) and Jat (4 from Rajasthan where they are listed in the central list of OBCs, except in Bharatpur and Dholpur), among others.A state-wise analysis shows Maharashtra topping with 16 candidates, followed by UP (11), Haryana (8), Bihar and MP (7 each), and Kerala, Rajasthan and Tamil Nadu (6 each), apart from others.Seven are from CSE-2015, eight from CSE-2016, 11 from CSE-2017, one from CSE-2018, two from CSE-2019, two from CSE-2020, six from CSE-2021, eight from CSE-2022, 13 from CSE-2023 and eight from 2024, among others. Most of them were born between the mid-1980s and late-1990s.Also Read | OBC creamy layer: How SC ruling clears path for 2025 CSE batch, and around 100 candidatesRecords show that 56 of the around 140 candidates were party to matters decided by the Supreme Court on March 11 and reaffirmed on November 6. The cases of several others are pending before various forums, such as the Central Administrative Tribunal (CAT).According to data presented by the Central Government before the Supreme Court, at least 38 of the 56 are serving in various Central and state services in lower ranks assigned after the creamy layer determination. Once the judgment is implemented, they would be elevated to higher ranks and allotted other services. For instance, some IPS officers would move to the IAS and some IRS officers to the IAS or IPS — some IAS officers will be allotted different cadres, too.Speaking to The Indian Express, an IRS officer said: “I was very disappointed when my rank was lowered. I hope to get the IAS now.”Also Read | Parent income not sole factor: Supreme Court on creamy layer in OBCAnother candidate from UP, who was denied service allocation in 2017 but later cleared the exam again to enter the Indian Foreign Service, said: “Rumours were circulated in my neighbourhood and social circles, claiming I had never cleared the examination the first time. Whenever my parents stepped outside, they had to face taunts, ridicule and insinuation from neighbours, relatives and my father’s colleagues. After these rumours gained traction, even a prospective marriage was called off.”Story continues below this adImplementation of the Supreme Court judgment would also enable service allocation, training and induction of the 2025 batch of 958 candidates selected in the Civil Services Examination and training of 148 candidates selected in the Indian Forest Service Examination. As The Indian Express reported first, it was for the first time in the history of the Civil Services Examination that the Foundation Course and service allocation of an entire batch had been put on hold — in this instance, following the March 11 judgment, which was under Government consideration.Shashank Ratnoo, an OBC candidate from Rajasthan, who joined the legal practice and has been fighting this case in the Supreme Court, said: “If I had been allocated a service in the 2016 batch, I would have been serving as an IRS officer now.”Explained | SC verdict on parental income as OBC creamy layer criterion: What has court said, what changesThe creamy layer concept, introduced by the Supreme Court to ensure that reservation benefits reach the genuinely backward sections among OBCs, has been the subject of debate over how social status and income should be assessed across different forms of employment.The income ceiling for those not in government service, set at Rs 1 lakh per annum in 1993, was revised in 2004, 2008 and 2013. In 2017, it was raised to Rs 8 lakh per annum. The last meeting to consider revising this ceiling was held in July 2020, but no action was taken.Story continues below this adAlso Read | Government seeks prospective application of Supreme Court verdict on OBC creamy-layer criteria to prevent ‘chaos’The creamy layer covers persons occupying constitutional posts; Group A/ Class I officers of the All India Services and Central and state services (either parent is a direct recruitee or promoted before the age of 40); Group B/ Class II officers of the Centre and states (both parents); employees of PSUs of similar ranks; officers of the armed forces (above Lt Colonel); professionals and those engaged in trade and industry; property owners; and those covered by the income/ wealth test.