Creamy layer in OBC cannot be decided only on economic basis, big decision of SC

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New Delhi The Supreme Court has set aside the notification of the Haryana government, under which the Haryana government had fixed the priority in the non-creamy layer in OBCs. The Supreme Court has made it clear that states do not have the right to subclassify. At the same time, the Supreme Court has also made it clear that the state cannot decide the creamy layer in OBCs only on economic grounds. Creamy layer can be made on economic as well as social and other basis. The Supreme Court said that the Haryana government should issue a notification redefining the creamy layer. The Supreme Court set aside the notification issued by the Haryana government in 2016. A bench headed by Justice L Nageswara Rao of the Supreme Court said that vide notification dated August 17, 2016, the state government had fixed the creamy layer only on economic grounds. The Supreme Court rejected this notification. The court said that this notification is against the decision of the Supreme Court in the case related to Indira Sawhney. The Supreme Court has clarified that it was said in the Indira Sawhney Judgment that the creamy layer will be decided on economic, social and other grounds. The Supreme Court has asked the Haryana government to define creamy layer as per the principles laid down in the Indira Sawhney Judgment.

The state decided the scale on this basis
According to the notification issued by the Haryana government, a person with an annual income of up to six lakhs in OBC was considered non-creamy layer. Those who earned more than six lakhs were denied reservation, terming them as creamy layer. Along with this, sub-classification was also done in income up to six lakhs and priority was given to those earning up to three lakhs.

Instructions for issuing new notification
In the notification of the Haryana government, it was said that the benefit of non-creamy layer in OBC will be given to those with an annual income of Rs 6 lakh. Those earning more than that will be considered as creamy layer. In this, those with an annual income of Rs 3 lakh were kept in the priority category. That is, those with an income of up to Rs 3 lakh were told to give priority in the job from admission. The Supreme Court in its decision quashed the notification of the state government. Said that he should issue a fresh notification within three months.

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Notification was issued on 17 August 2016
A bench headed by Justice L Nageswara Rao of the Supreme Court said that this decision will not affect the jobs and admissions that have been made under the notification. Do not disturb him. The Haryana government had issued a notification on August 17, 2016 and fixed the priority for non-creamy layer in OBCs. Preference was given to those earning up to Rs. The notification of the Haryana government was challenged by the Backward Classes Welfare Mahasabha and others of Haryana. However, the Haryana government had upheld its notification. It was said that according to the decision given by the Supreme Court in the Indira Sawhney Judgment, the creamy layer was decided. For this, details about the social and economic status of OBCs were taken in each district.

[Attribution to NBT]

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