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Creamy layer in OBC: The Supreme Court has given a big direction on the creamy layer in OBC, the Supreme Court has said that no state can decide the creamy layer on the basis of economics alone. .. Decisions cannot be made on financial grounds alone

Creamy layer in OBC: The Supreme Court has given a big direction on the creamy layer in OBC, the Supreme Court has said that no state can decide the creamy layer on the basis of economics alone. .. Decisions cannot be made on financial grounds alone
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Creamy layer in OBC: The Supreme Court has given a big direction on the creamy layer in OBC, the Supreme Court has said that no state can decide the creamy layer on the basis of economics alone. .. Decisions cannot be made on financial grounds alone

Creamy layer in OBC: The Supreme Court has given a big direction on the creamy layer in OBC, the Supreme Court has said that no state can decide the creamy layer on the basis of economics alone. .. Decisions cannot be made on financial grounds alone

New Delhi
The apex court has set aside the Haryana government’s notification under which the Haryana government had given priority to non-creamy layer in OBCs. The Supreme Court has clarified that states do not have the right to classify OBCs for the creamy layer. At the same time, the Supreme Court has also clarified that the state cannot decide the creamy layer in OBCs for economic reasons alone. The creamy layer can be made on economic as well as social and other grounds. The apex court said that the Haryana government should issue a notification redefining the creamy layer. The Supreme Court quashed the notification issued by the Haryana government in 2016.

A bench headed by Supreme Court Justice L Nageshwar Rao observed that the state government had fixed the creamy layer only for financial reasons through a notification dated August 17, 2016. The Supreme Court rejected the notification. The court said the notification was against the Supreme Court’s decision in the case involving Indira Sahni. The apex court had clarified that the Indira Sahni judgment had said that the creamy layer would be decided on economic, social and other grounds. The Supreme Court has asked the Haryana government to define the creamy layer as per the principles laid down in the Indira Sahni Judgment.

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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 Rs six lakh in OBC was considered a non-creamy layer. Those who earned more than six lakhs were denied reservations, calling them the creamy layer. In addition, sub-classifications were also made in income up to six lakhs and preference was given to those earning up to three lakhs.

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Instructions for issuing new notifications
The Haryana government’s notification had said that the benefit of non-creamy layer in OBCs would be given to those with an annual income of Rs 6 lakh. Those who earn more than that will be considered a creamy layer. In this, those with an annual income of Rs 3 lakh were given priority. That is, those earning up to Rs 3 lakh were told to give preference to jobs from admission. The Supreme Court in its decision quashed the notification of the state government. He said he should issue a new notification within three months.

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The notification was issued on 17 August 2016
A bench headed by Supreme Court Justice L Nageshwar Rao said the decision would not affect the jobs and admissions made as per the notification. Don’t bother him. The Haryana government had issued the notification on August 17, 2016 and fixed the priority for non-creamy layer in OBCs. Rs. Preference was given to those earning up to.

The Haryana government’s notification was challenged by the Backward Classes Welfare Congress and others in Haryana. However, the Haryana government had upheld its notification. In the Indira Sahni Judgment, it was stated that the decision of the creamy layer was taken as per the decision of the Supreme Court. For this, details of social and economic status of OBCs were taken in each district.

Supreme Court

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