Only parents income be considered for deciding creamy layer:SC - time...

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PTI Oct 13, 2014, 08.49PM IST

Tags: SC

| Public Grievances & Pension | parents income | creamy layer | Arun Mishra

NEW DELHI: The Supreme Court has held that an individual

candidate's income was not required to be clubbed with the
income of the parents for the purpose of determining
"creamy layer" to exclude a person of backward class from
the benefits of reservation.
Referring to the Centre's Office Memorandum of 1993 on
the issue and judgements of the apex court, a bench
comprising justices J S Khehar and Arun Mishra set aside
the decision of the Punjab and Haryana High Court which
took consideration of the income of the candidate, a
chartered accountant, to declare that the family belonged to
the "creamy layer".
"The aforesaid determination was rendered by reading down the policy instructions issued by the state
government, on the basis whereof, the backwardness of a candidate had to be adjudged.The aforesaid
policy instructions were read down, to include the income of the person concerned, along with the income of
the parents of the person, contemplated by the policy instructions," the bench said.
"It is not possible for us to accept, that the individual's own income could have been taken into
consideration," the bench said after analysing the Centre's office memorandum of September 8, 1993
issued by the Ministry of Personnel, Public Grievances & Pension (Department of Personnel & Training).

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The apex court noted that even with reference to category IV, which includes professional's (like CA), the
income of the professional, has not been included.
"Thus viewed, we are satisfied, that on the plain reading of category VI of the office memorandum of
September 8, 1993, that it was not the income of the individual concerned, but that of his parents, that
would determine whether he would fall within the creamy layer or not," the bench said while allowing the
appeal of a candidate filed through advocate R K Kapoor.

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Readers' opinions (5)

Sort by: Newest | Oldest
Appa Durai (Coimbatore)
14 Oct, 2014 02:30 AM
The courts should honor public mood on reservations as well
Udhaya Moorthy (chennai)
13 Oct, 2014 11:42 PM
Referring to the Centre's Office Memorandum of 1993 on the issue and judgements of the apex court, a bench
comprising justices J S Khehar and Arun Mishra set aside the decision of the Punjab and Haryana High Court which
took consideration of the income of the candidate, a chartered accountant, to declare that the family belonged to the
"creamy layer".
Udhaya Moorthy (chennai)
13 Oct, 2014 11:41 PM
Thus viewed, we are satisfied, that on the plain reading of category VI of the office memorandum of September 8,
1993, that it was not the income of the individual concerned, but that of his parents
Udhaya Moorthy (chennai)
13 Oct, 2014 11:40 PM
The apex court noted that even with reference to category IV, which includes professional's (like CA), the income of
the professional, has not been included.
Zachariah (Kochi) replies to Udhaya Moorthy
14 Oct, 2014 02:59 PM
If at all the candidate is an income tax payee,no problem,he will be in creamy layer ?

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