In the matter of determining OBC creamy layer, the Supreme Court on Thursday said that someone’s category cannot be decided only on the basis of salary of parents or guardians. The position and status of the parents or guardians should also be taken into account. In the decision, the bench of Justice PS Narasimha and Justice R Mahadevan rejected the appeals of the Central Government, which were against the decisions of the High Court. The court has given big relief to those UPSC candidates who were not given jobs despite passing the Civil Services Examination. The government had put him in the creamy layer category considering his parents’ salary as the basis. The court made it clear that the officials adopted the wrong criteria to exclude the candidates from reservation. The government added the salary to the income. This whole controversy is related to those candidates whose parents worked in Public Sectors (PSU), banks or similar institutions. The government had added the salary of the candidates’ parents to the income with the help of a clarification letter of 2004. Because of this the candidates were deprived of the benefits of reservation. The Supreme Court cited the 1993 government order. This order was made after the Indira Sawhney case. It is clear that the position of the parents (like Group A or Group B officer) is the main basis for determining the creamy layer. Under this rule, salary and farming income are not included in income/assets. The court said that a letter of 2004 cannot change the main policy. The court also found that it was wrong to discriminate between government employees and PSU employees. If children of government employees get relaxation on the basis of post, then excluding children of PSU employees from reservation only on the basis of salary is a violation of the right to equality. The Supreme Court has ordered the government to reconsider the claims of these candidates within 6 months. The court also said that if necessary, separate posts should be created to provide jobs to these candidates. ———————— Also read this news: Supreme Court allowed euthanasia for the first time: Son is in coma for 13 years, parents had appealed. New Delhi Supreme Court on Wednesday (11 March) gave a historic decision in the euthanasia case. The court approved the euthanasia (passive euthanasia) of 31-year-old youth Harish Rana, who was living in a coma for 13 years. Harish, resident of Ghaziabad, is on life support system. Read the full news…
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