2. Govt. of Andhra Pradesh Memo.No.3047/P2/94-4,
dated 28.03.1994.
3. From the Deputy Secretary to the Govt. of India,
Ministry of Personnel, Public Grievances &
Pensions, Department of Personnel & Training,
New Delhi Office Memorandum No.36033/3/2004Estt.(Res), dated 09.03.2004.
4. G.O.Ms.No.3, B.C. Welfare (C) Department,
dt.04.04.2006.
5. From the Director, Government of India, Ministry of
Personnel, Public Grievances & Pensions,
Department of Personnel & Training, New Delhi
Office Memorandum No.36033/3/2013-Estt.(Res.),
dated 14.10.2008.
6. From the Under Secretary to the Govt. of India,
Ministry of Personnel, Public Grievances &
Pensions, Department of Personnel & Training,
New Delhi Office Memorandum No.36033/1/2013Estt.(Res), dated 27.05.2013.
shall not be adjusted against the reservation quota
of 27%.
(c) i) The aforesaid reservation shall not apply to
persons/sections mentioned in column 3 of the
schedule to this office Memorandum which is
enclosed herewith.
ii) The rule of exclusion will not apply to persons
working as artisans or engaged in hereditary
occupations, callings. A list of such occupations,
callings will be issued separately by the Ministry
of Welfare.
d) The Other Backward Classes for the purpose of
the aforesaid reservation would comprise, in the
first phase, the castes and communities which
are common to both the lists in the report of the
Mandal Commission and the State Governments’
Lists. A list of such castes and communities is
being issued separately by the Ministry of
Welfare.
e) The aforesaid reservation shall take immediate
effect. However, this will not apply to vacancies
where the recruitment process has already been
initiated prior to the issue of this order.
iii) Similar instructions in respect of public sector
undertakings and financial institutions including
public sector banks will be issued by the Department
of Public Enterprises and by the Ministry of Finance
respectively effective from the date of this Office
Memorandum.”
* * *
ORDER :
In the reference 1st read above, Govt. of India,
Ministry of Personnel, Public Grievances &
Pensions
(Department of Personnel & Training ), New Delhi have
issued orders regarding criteria for reservation for socially
and educationally backward classes in Civil Posts and
services under the Government of India. Further it was
ordered that the gross annual income of Rs.1.00 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.
2. The Government of India, issued the following
guidelines:
i) “The undersigned is directed to refer to the
Department’ O.M.No.36012/31/90-Estt.(SCT), dated
the 13th August, 1990 and 25th September, 1991
regarding reservation for Socially and Educationally
Backward Classes in Civil Posts and Services under
the Government of India and to say that following
the Supreme Court judgement in the Indira Sawhney
and others Vs. Union of India and others case [Writ
Petition (Civil) No.930 of 1990] the Government of
India appointed an Expert Committee to recommend
the criteria for exclusion of the socially advanced
persons/sections from the benefits of reservations
for Other Backward Classes in civil posts and services
under the Government of India.
ii) Consequent to the consideration of the Expert
Committee’s recommendations this Department’s
(Department of Personnel and Training) Office
Memorandum No.36012/31/90-Estt.(SCT), dated 1308-1990 referred to in para (i) above is hereby
modified to provide as follows:
(a) 27% (twenty seven percent) of the vacancies in
civil posts and services under the Government
of India, to be filled through direct recruitment,
shall be reserved for the Other Backward Classes.
Detailed instructions relating to the procedure to
be followed for enforcing reservation will be
issued separately.
(b) Candidates belonging to OBCs recruited on the
basis of merit in an open competition on the same
standards prescribed for the general candidates
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3. In the reference 2nd read above, Government
of Andhra Pradesh adopted all the criteria as fixed by the
Government of India .
4. In the reference 3rd read above, Govt. of India,
Ministry of Personnel, Public Grievances & Pensions,
Department of Personnel & Training, New Delhi have raised
the annual income limit from Rs.1.00 lakh to Rs. 2.5 lakh
for determining the creamy layer amongst the Other
Backward Classes.
5. In the reference 4th read above, Government
have adopted all the criteria to determine the creamy layer
among Backward Classes as fixed by Government of India,
except the annual income limit, which is fixed by
Government of India at Rs.2.50 lakhs per annum, was fixed
at Rs.4.00 lakhs per annum in the State of Andhra Pradesh.
6. In the reference 5th read above, Govt. of India,
Ministry of Personnel, Public Grievances & Pensions,
Department of Personnel & Training, New Delhi have raised
the income limit from Rs.2.50 lakh to Rs.4.50 lakh per
annum for determining the creamy layer amongst the Other
Backward Classes.
7. Subsequently, in the reference 6th read above,
Government of India, Ministry of Personnel, Public
Grievances & Pensio