The Centre is trying to clear confusion over how the OBC creamy layer rules should be applied to families linked to public sector undertakings (PSUs). The issue has come up after the Supreme Court March 11 Rohit Nathan judgment, which dealt with how income should be considered while deciding whether an OBC candidate falls under the creamy layer.
The Supreme Court ruling said that salary should not be added to other income while deciding the creamy layer status of OBC candidates whose parents work in PSUs. This is different from the way the government Department of Personnel and Training (DOPT) had been treating such cases. The Centre had earlier told the Central Administrative Tribunal (CAT) that it would implement the Supreme Court judgment. However, it later approached the Supreme Court on August 25, raising questions about the judgment. Now, the government has asked CAT to modify its August 19 order.
In a fresh affidavit, the Centre said its earlier statement about implementing the judgment needs clarification because its application before the Supreme Court is still pending. The government said implementation will depend on the Supreme Court’s decision on that application. The issue also involves OBC candidate Basant Singh, whose case is similar to those covered by the Supreme Court ruling. The matter has created a legal situation involving the Centre, CAT and the Supreme Court.
