OBC Aarakshan Samiti
YUVA Office, 52/3 Narepark Municipal School, opp. Narepark Municipal Ground
Parel (E) Mumbai 400012
Phone 24143498, 24116393
Friday, May 30, 2008.
Mr. P.S.Ranga, Director,
National Commission for Backward Classes,
Ministry of Social Justice & Empowerment,
Government of India,
Trikoot-1, Bhikaiji Cama Place,
New Delhi-110 066.
Ref.: Public Notice Published in the Times of India, Mumbai, Monday, May 5,
2008 inviting suggestions on appropriate income or wealth limit to determine
the 'Creamy Layer" amongst OBCs.
OBC Aarakshan Samiti is an umbrella organization of socio-political-cultural
institutions, backward castes organizations, sociological research
youth groups, intellectuals, student and academicians from higher
having common objective of seeking justice for the backwards and
of the society, who unfortunately constitute almost 80% of the Indian
With ostentatious objectives of ensuring opportunities for the poorest
OBCs, a directive to exclude the *"Creamy Layer" *from amongst the OBCs was
the Supreme Court in its Judgment of November 16, 1992. We express strong
against it as this has created tremendous difficulties for OBC masses
the very purpose of the policy.
1. *This is unconstitutional *since the "Reservation" as mentioned in the
of India Article 15 (4) is for socially and educationally backward classes
economic criterion is intended for excluding from such actions. The Article
the responsibility of identifying such backward classes in the Backward
Commission to be appointed by the President. Accordingly, 2nd Backward Class
(Mandal) Commission was appointed on January 1, 1979. The commission with
active participation of eminent social scientists and premier academic
such as Delhi University, Tata Institute of Social Sciences carried out a
socio-cultural-educational survey covering 100% population of two rural and
urban block from each of the more than 500 districts. In order to identify
classes, it devised 11 stringent tests, which also included 4 economic
Considering the size and complexity, it was a globally unprecedented social
The huge data so collected was processed on the computer by National
Centre (NIC) of GoI for identifying the backwards as per 11 stringent tests.
Commission submitted its report on December 31, 1980 identifying 3743 castes
backward classes. Therefore, applying any other criterion such as "creamy
Only Backward Class Commission can be directed by the GoI under specific
of reference to carry out such investigation following due diligence. Any
directive or principle is in the jurisdiction of these types of commissions
judiciary neither has locus standee nor competence in such matters.
The 8th report of Parliamentary Standing Committee on Personnel headed by
E.M. Sudarasana Natchiappan, submitted to the Parliament on 26th July 2005,
also recommended removing the "creamy layer" concept.
We earnestly appeal to *National Commission for Backward Classes *to take up
this unconstitutional encroachment on its rights & responsibilities towards
people to the Parliament so that this sinister mechanism (e.g. 50% limit,
layer etc.) of undoing the democratically instituted people oriented
policies in the
favour of 15% upper castes & classes is corrected once and for ever.
2. A Fraudulent Process of Determining Creamy Layer was used by Upper Caste
a. Central Govt. constituted a committee headed by Justice R.N. Prasad on
1993. The committee assumed charge on 23-02-1993. Only four members
including the Chairman prepared the report at astonishingly fast speed
days and submitted to the Govt. on 10-03-1993. No statistical data / survey,
experts' views, views from social organizations or public opinions were
preparation of this report. Opinion / views of the States in which the
reservation policy was in existence for decades were not sought. The report
not made public.
b. In the Mandal reservation case judgment, Supreme Court itself clearly
established that *only social and educational backwardness *can be the
determinants of backwardness and not the economic criteria and struck down
the OM No: 36012/31/90/Estt. (SCT) dt. 25-09-1991 that had provided 10%
reservations to the poor among the forward castes. The constitutional
requirement is whether backward classes are adequately represented or not.
Eliminating the prospective group in the name of creamy layer defeats the
constitutional provision. However, by excluding the creamy layer, the SC
again brought in the economic criteria indirectly.
3. It is antisocial *as it adversely affects the interests of the OBCs who
than 52% of the population favouring so called general category actually
of less than 18% upper castes. The following facts establish this glaringly.
*Representation of SCs, STs and OBCs in the Central Government
a. *As on 1979-80 *(See Mandal Commission Report I & II, 9.48, Page 41, 42).
(30 Central Ministries, 31 Attached Offices and PSUs under 14 Ministries)
SC/ST % OBC %
% 22.56 52.00 17.58
Class I 1,74,043 5.68 4.69 89.63
Class II 9,12,786 18.18 10.63 71.19
Class III & IV 4,84,646 24.40 24.40 51.20
All Classes 15,71,475 18.71 12.55 68.74
b. *As on January 1, 2004
(See Ministry of Personnel, Public Grievances & Pensions)
SC % ST % OBC
% 15.05 7.51 52.00 17.58
A 80,011 12.2 4.1 3.9 79.80
B 1,35,409 14.5 4.6 2.3 78.60
C 20,40,970 16.9 6.7 5.2 71.20
D 8,02,116 18.4 6.7 3.3 71.60
Sweepers 91,601 64.76 5.86 3.65 25.73
Total 31,50,107 18.44 6.52 4.51 70.53
Government services were the easiest option as compared to others such as
private sector or education (student or employment). Reservations in the
government employment were one of the demands of backwards. As it is
evident from SC/ST data, it does show some positive difference. The OBCs'
representation in 79/80 was dismal, even worse than SC/ST. It was because
the Constitution had provided reservations for them since 1949. This
Mandal Commission to recommend 27% reservations for OBCs. However, over
the period of 25 years OBCs' representation is drastically reduced from
4.51% i.e. to mere 33% of the original. This seems to be the impact of
Layer", as eligible OBCs are eliminated. During the same period, upper caste
representation, which was already excessively dominant, has further
*Gujjar Agitation in Rajasthan for ST Status.
Let everyone understand that this deliberate denial of justice to OBCs has
resulted into such an explosive situation. In this context, the following
item from Hindustan Times, Mumbai, Tuesday, May 26, 2008 is revealing.
c. In this year's Rajasthan's PSC civil Service examination, the general
cut-off at 193.14, was 13 marks below the OBC cut-off at 206.90. In the PMT
examinations of 2006, the OBC cut-off at 770 marks was 33 marks above the
general cut-off of 737.
d. This has following interpretations:
1. Sinister administration deliberately separate OBC candidates a priory,
denying open category positions to meritorious OBC candidates.
2. OBCs being more than three times the upper castes, it is but natural to
more meritorious candidates from OBCs which have been buried under
3. OBC reservation does not affect the merit.
4. Continuing such injustice might lead to explosive social unrest.
4. It blatantly ignores *the fact that income of a person does not
exclusion, discrimination, social disabilities which are imposed because of
brahminical order of more than 2500 years.
Let us bring out the most important dimension of reservation/affirmative
action that it
is *a social reengineering exercise in the empowerment of the
castes/communities and not to be viewed as assistance at the individual
This point was emphasized in the SC judgment of November 16, 1992 as "The
objective of these recommendations is not the reduction/removal of the
OBCs but to ensure adequate representation in the power structure (Hon'ble
Justice P.B. Sawant)."
5. *Ironical Situation*. Even for argument sake assuming that creamy layer
has some merit, in order to exclude 5% of the creamy layer, 95% of the
are poor, predominantly illiterate and are from unorganized sector are
undergo the tedious process of obtaining non-creamy layer certificate.
bureaucratic machineries dominated by upper castes create insurmountable
difficulties. Large number of deserving OBCs gets frustrated in this process
not avail the reservation; and in the process, majority of them is denied
6. Blissfully ignorant about sociological facts.
Insistence on creamy layer demonstrates criminal indifference to the
Indian social reality.
a. Women from all classes are underrepresented in higher education.
the creamy layer also excludes women from access to higher education
because such candidates are far more likely from such well to do OBC
b. Students from SC/ST/OBC background still face prejudices and biases in
education institutions which affect their self esteem and academic
Inclusion of creamy layer will bring in a group which has the capacity to
against such injustices and discrimination. Excluding the creamy layer
perpetuates upper caste domination in all spheres in educational
c. Family and caste play a very important role in recruitment in private
shown by several studies. Studies also show that OBCs along with SCs and STs
are underrepresented in private sector jobs. In some public sector jobs, OBC
representation is even less than that of SCs/STs. In this constrained
environment where opportunities are very less for OBCs, exclusion of creamy
layer will fully marginalize them. Studies indicate that despite higher
OBC individuals still do not get access to educational and job opportunities
they are not part of existing (upper) caste based social networks.
d. Due to centuries of lack of access to education, it is found that most
first or second generation entrants into higher education. Excluding the
layer creates an additional advantage for the upper castes and prevents a
playing field in admission into higher education.
e. Cost of higher education has gone up in addition to incremental costs of
coaching for entrance examinations. Hence even middle and senior level
professionals and public and private sector officials are finding it
difficult to afford
higher education for their children. The creamy layer is meaningless in this
f. It is a social reality that comparatively well to do people only can make
the reservations in the higher education. The creamy layer criterion
such people from taking benefits of reservation. Other important principle
the reservation is proportionate representation & empowerment of the
caste or community. Even the creamy layer OBC candidate is more likely to
ensure the OBC's interests than any other person. The concept of creamy
may stifle the process of creating potential OBC leadership, which is very
essential for the progress of backward castes.
According to the aforesaid (DOP&T) O.M.No. 36012/2293-Esst.(SCT) dated
08/09/1993 the "income criteria" are to be reviewed and modified every three
Even though there were clear directions for such review, there was only one
11 years in 2004 revising the original limit of Rs. 1 lakh to Rs. 2.5 lakh,
in the similar style,
without involving public, social organizations or States. Because of this
neglect many OBC youths are deprived of their constitutional right of
reservation. SC did
not bother about this while giving a stay order on reservation in the first
Such kind of lethargy is prevalent in all fields of affirmative actions and
at all levels of
government bureaucracy and political power due to the dominance of upper
We therefore hereby demand that such review should be conducted every
and if the Government is unable to conduct such studies the income criteria
in terms of
rupees should be raised by 50% every three years by default.
Considering these facts and realizing that abolition of creamy layer
need larger political decision, as a response to your public notice we
Families having gross annual income of Rs. 20 lakh or below should be
creamy layer and therefore, eligible to avail the reservation.
We demand this limit to be raised to Rs. 20 lakh as,
Average expenditure for higher education of one child is Rs. 1.5 lakh per
therefore expenditure of two children from a family will be Rs. 3 lakh per
annum. If a family
has to bear this expenditure as 15% of total income, the lower limit turns
out to be, Rs.
20,00,000 per anum.
Thanks and regards,
Convener, OBC Arakshan Samiti, Mumbai*.
1. Bharip Bahujan Mahasangh
Shasakiy Kutir, Free press General Marg Nariman Point
2. Rashtriya Samaj Paksha
406/B, Snehasarovar, off Jaorl, Military Road, Andheri (E), Mumbai 400072
3. Akhil Bhartiya Bhandari Samaj Maha Sangh
4. Kunabi Samajonnati Sangh
Kunabi Dnyatigriha, Waghe Hall, St. Xavier Street, Parel, Mumbai 400012
5. Agari Yuvak Sangathana
c/o Praffull R. Patil, Ramkrishna Chemburkar Marg, Mumbai 4100071
6. Itar Magaswargiy Inqalab
7, Ratilal Chawl, Murumkhan Pada, Fatherwadi, Vasai (E), Dist. Thane
7. Maharashtra Aadiwasi Koli Mahasangh
A-10 Nishigandha Society, Srinagar Complex, Wagle Estate, Thane (E), 400604
8. Yuva Bharat Sangathana
A-101 Poonam Aastha, Poonam Complex, Tirupati Nagar, Virar (w)
9. Maharashtra Yuva Parishad
Gala no. 13, Keshavsut Uddanpul, Senapati Bapat Marg, Dadar (W), Mumbai
10. Vidrohi Sanskrutik Chalwal
11. Ganai Sanskrutik Punaruthan
12. Vidyarthi Bharti
Nitin Niwas, Juni Dombiwali, Shastri Nagar, Dombiwali (W),
13. Yuva Sarkar
127, Nanabhai wadi, Koroba Mithagar, Vadala (E), Mumbai 40037
14. Awami Bharat
15. Yusuf Meherali Youth Biradari
D-15, 1st floor, Ganesh Prasad, Nawashir Bharucha Marg, Grant Road (W)
16. India Center for Human Rights and Law
2nd floor, Motiwala Mention, 56 Dontad Street, Damar wadi, Masjid Bandar,
17. National Campaign for Dalit Human Rights
Dream Residency, 604, 6th floor, 27/C, Goregaon (E), Mumbai 400065
18. Youth for Unity and Voluntarily Action
52/3 Narepark Municipal School, opp. Narepark Municipal Ground Parel (E)
19. Shubha Ranganathan, IIT-Bombay
20. Arati Ware, IIT Bombay
21. Sai Thakur, Tata Institute of Social Sciences
22. D. Parthasarathi, HSS Dept- IIT-Bombay
23. Supratik Chakraborthy, CSE Dept, IIT-Bombay
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