The Haryana government has issued a gazette notification, which excludes children of parents holding constitutional posts and Class I jobs from backward class as creamy layer.
The new notification comes after the Supreme Court had quashed Haryana’s 2016 notification, which gave preference to people within the OBC non-creamy layer having annual income of up to Rs 3 lakh.
The apex court had held that economic criterion cannot be the sole basis for deciding the creamy layer from among backward classes for the purpose of excluding it from the purview of providing reservation. The August 17, 2016, Haryana government notification had specified the criteria for exclusion of creamy layer within the backward classes.
The recent notification categorises constitutional posts such as President of India, Vice-President of India, Judges of the Supreme Court and High Courts, chairman and members of the Union Public Service Commission, state public services commission, Chief Election Commissioner, and Comptroller and Auditor General of India.
The excluded category also included children of parents, both of whom are Class-I officers, or parents, either of whom is a Class-I officer. A woman belonging to the OBC category, who has got married to a Class-I officer and is applying for a job will also be excluded.
The children of parents, both of whom are Class II officers (direct recruits), or parents of whom only the husband is a Class II officer and he gets into Class I at the age of 40 or earlier are excluded.
The children of parents either or both of whom are in the rank of Colonel or above in the Army or Air Force or Navy, and paramilitary forces are also excluded.
Taking note of people who have a gross annual income of Rs 6 lakh or above or have wealth of above Rs 1 crore for a period of the last three consecutive years, they would also not be able to avail of the facility given to people from backward category.
Breaking it into five categories apart from wards of those in the Constitutional posts, parents of those who are Class I or Class II officer or employees in Public Sector Undertakings will also not be able to avail the facility of backward classes. This criterion will also be applicable to children whose parents are in official positions equivalent or comparable posts in PSUs, banks, insurance organisations, universities, etc.
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