• Reservation OBC

As dopt in its memorandum says that a person directly recruited to group B gets into group A after the age of 40 year he will be considered as non creamy layer, so what is the rationale behind this provision?
does this also imply that a person who gets group A post through direct recruitment after the age of 40 years (43 year) while working as group c clerk in indian postal deptt till the age of 43 year can be considered as non creamy layer as they consider 40 years as a barrier to define social and educational advancement for a person ?
Asked 5 years ago in Constitutional Law

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7 Answers

Article 16(4) confers a discretionary power on the State to make reservations of appointments in favour of backward class of citizens which in its opinion, are not adequately represented in the services of the State (Rajendran Vs UOI-1968 SCR 721)

2)reservation is given to economically and socially backward class( OBC) and scheduled caste and scheduled tribe. This is to undo the historical injustice done to them,

3) benefits of reservation should not be snatched away by the top creamy layer of the 'backward' caste or class, thus keeping the weakest among the weak always weak.

4)when a person’s social and educational advancement is such that it totally snaps the

connecting link of backwardness between him and other members of his community, he can then be said to be a misfit in his own class and so ought to be taken out from there and placed in the “Creamy Layer” category.

5) if a person gets appointed as a Class I Officer either on open competition basis or reservation basis, the question of excluding him on the ground that he forms part of the ‘Creamy Layer’ does not at all arise. But since he himself has come into the socially advanced category he will be in a position to provide the means, the equipment and the opportunities which are necessary for the uplift of his offspring from the level of social and educational backwardness. As such, the question of applying the Rule of Exclusion will arise only in the case of his offspring.

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

Children of Group A/Class-I directly recruits(officers) will fall in the creamy layer.

The age at which such recruitment is made to Group-A/Class-I, is immaterial.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

A person who is appointed through direct recruitment to Group A while working as Group C clerk cannot be excluded by treating him as a creamy layer. However, as he has come in the advanced section of the society his children cannot claim the benefit of reservation, so the children who do not suffer the denial of opportunities will be treated as 'creamy layer'.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The rule is common to all.

There is no separate rationale for any particular group or class of people.

The law is that a person becoming class I or Gp-A officer after 40 years of age shall be treated as non-creamy layer.

T Kalaiselvan
Advocate, Vellore
79209 Answers
1614 Consultations

5.0 on 5.0

Yes if a person who has been selected as class 1 officer then he will be treated as a creamy layer even the children born out of that person will be in the group of creamy layer and cannot claim reservation of any type.

But if your department is of poster then read the service role of Indian postal

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

4.6 on 5.0

You need to contact your department and get the clarification on the memorandum.

Vikas Pandey
Advocate, Delhi
26 Answers

4.0 on 5.0

With many advices you have, nothing is left to advice now.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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