New Delhi, March 12 -- The Supreme Court has ruled that 'creamy layer' status for reservation of OBCs cannot be decided solely based on parental income and treating similarly placed employees of private entities and PSUs differently from government employees, for deciding reservation,
would amount to hostile discrimination.
A bench of justices PS Narasimha and R Mahadevan dismissed the appeals filed by the Union of India while upholding the decisions of the high courts of Delhi, Madras and Kerala which dealt with the eligibility of candidates claiming OBC (Non-Creamy Layer) benefit for Civil Services Examinations.
"Having regard to the peculiar facts of the present cases, the reasoning adopted by the High Court that treating similarly placed employees of private entities and PSUs differently from government employees and their wards, while deciding their entitlement to reservation, would amount to hostile discrimination, is certainly one that inspires the confidence of this court," the bench said.
The top court said mere determination of the status of a candidate as to whether he/she falls within the creamy layer or the non-creamy layer of the OBCs cannot be decided solely on the basis of the income.
The Apex court said that while caste may be an indicator of historical disadvantage, it cannot be treated as the sole determinant
of backwardness.
Published by HT Digital Content Services with permission from Millennium Post.