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Persons/Sections
Excluded from Reservation which constitute Creamy Layer of the Society
Creamy
Layer |
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| Description
of category |
To
whom rule of exclusion will apply |
| I.
Constitutional Posts |
Sons
and daughter(s) of –
(a) President of India;
(b) Vice-President of India;
(c) Judges of the Supreme Court and of the High Courts;
(d) Chairman and Members of UPSC and of the State Public Service
Commission; Chief Election Commissioner; Comptroller and Auditor-General
of India;
(e) Persons holding constitutional positions of like nature.
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II.
Service Category
A. Group ‘A’/Class I Officers of the All India Central
and State Services (Direct Recruits) |
Son(s)
and daughter(s) of –
(a) parents, both of whom are Class I officers;
(b) parents, either of whom is a Class I officer;
c) parents, both of whom are Class I officers, but one of them
dies or suffers permanent incapacitation;
(d) parents, either of whom is a Class I officer and such parents
dies or suffers permanent incapacitation and before such death
or such incapacitation has had the benefit of employment in
any International Organisation like UN, IMF, World bank, etc.,
for a period of not less than 5 years;
(e) parents, both of whom are Class I officers die or suffer
permanent incapacitation and before such death or such incapacitation
of the both either of them has had the benefit of employment
in any International Organisation like UN, IMF, World Bank,
etc. for a period of not less than 5 years;
Provided
that the rule of exclusion shall not apply in the following
cases :-
(a) Sons and daughters of parents either of whom or both of
whom are Class I officers and such parent(s) dies/die or suffer
permanent incapacitation;
(b) A lady belonging to OBC category has got married to a
Class I officer, and may herself like to apply for job.
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| B.
Group ‘B’/Class II Officers of the Central and State
Services (Direct Recruitment) |
Son(s)
and daughter(s) of –
(a) parents, both of whom are Class II officers;
(b) parents of whom only the husband is a Class II officer and
he gets into Class I at the age of 40 or earlier;
(c) parents, both of whom are Class II officers and one of them
dies or suffers permanent incapacitation and either one of them
has had the benefit of employment in any International Organisation
UN, IMF, World Bank, etc., for a period of not less than 5 years
before such death or permanent incapacitation;
(d) parents of whom the husband is a Class I officer (direct
recruitment or pre-forty promoted) and the wife is a Class II
officer and the wife dies; or suffers permanent incapacitation;
and
(e) Parents, of whom the wife is a Class I officer (Direct Recruit
or pre-forty promoted) and the husband is a Class II officer
and the husband dies or suffers permanent incapacitation;
Provided
that the rule of exclusion shall not apply in the following
cases:-
Sons
and daughters of –
(a)
Parents both of whom are Class II officers and one of them
dies or suffers permanent incapacitation.
(b) Parents, both of whom are Class II officers and both of
them die or suffer permanent incapacitation, even though either
of them has had the benefit of employment in any International
Organisation like UN, IMF, World Bank, etc, for a period of
not less than 5 years before their death or permanent incapacitation.
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| C.
Employees in Public Sector Undertakings, etc. |
The
criteria enumerated in A and B above in this category will apply
mutatis mutandis to officers holding equivalent or comparable
posts in PSUs, Banks, Insurance Organisations, Universities,
etc., and also to equivalent or comparable posts and positions
under private employment, pending the evaluation of the posts
on equivalent or comparable basis in these institutions, the
criteria specified in Category VI below will apply to the officers
in these Institutions. |
| III.
Armed forces including Paramilitary Forces (Persons holding
civil posts are not included). |
Son(s)
and daughter(s) of parents either or both of whom is or are
in the rank of Colonel and above in the Army and to equivalent
posts in the Navy and the Air Force and the Paramilitary Forces;
Provided that –
(i) If the wife of an armed forces officer is herself in the
armed forces (i.e., the category under consideration) the rule
of exclusion will apply only when she herself has reached the
rank of Colonel;
(ii) the service ranks below Colonel of husband and wife shall
not be clubbed together;
(iii) if the wife of an officer in the armed forces is in civil
employment, this will not be taken into account for applying
the rule of exclusion unless she falls in the service category
under item No. II in which case the criteria and conditions
enumerated therein will apply to her independently.
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IV.
Professional class and those engaged in Trade and Industry
(i) Persons engaged in profession as a doctor,lawyer, chartered
accountant, income tax consultant, financial or management consultant,
dental surgeon, engineer, architect, computer specialist, film
artists and other film professional, author, playwright, sports
person, sports professional, media professional or any other
vocations of like status.
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Criteria
specified against Category VI will apply |
| (ii)
Persons engaged in trade, business and industry. |
Criteria
specified against Category VI
will apply.
EXPLANATION –
(i) Where the husband is in some profession and the wife is
in a Class II or lower grade employment, the income/wealth test
will apply only on the basis of the husband’s income.
(ii) If the wife is in any profession and the husband is in
employment in a Class II or lower rank post, then the income/wealth
criterion will apply only on the basis of the wife’s income
and the husband’s income will not be clubbed with it.
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V.
Property Owners
A. Agricultural holding. |
Son(s)
and daughter(s) of persons
belonging to a family (father, mother and minor children) which
owns- (a)
only irrigated land which is equal to or more than 85% of
the statutory ceiling area, or
(b) both irrigated and unirrigated land, as follows:-
(i) The rule of exclusion will apply where the pre-condition
exists that the irrigated area (having been brought to a single
type under a common denominator) 40% or more of the statutory
ceiling limit for irrigated land (this being calculated by
excluding the unirrigated portion). If this pre-condition
of not less than 40% exists, then only the area of unirrigated
land will be taken into account. This will be done by converting,
the unirrigated land on the basis of the conversion formula
existing, into the irrigated type. The irrigated area so computed
from unirrigated land shall be added to the actual area of
irrigated land and if after such clubbing together the total
area in terms of irrigated land is 85% or more of the statutory
ceiling limit for irrigated land, then the rule of exclusion
will apply and disentitlement will occur.)
(ii) The rule of exclusion will not apply if the land holding
of a family is exclusively unirrigated.
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B.
Plantations
(i) Coffee, tea, rubber, etc.
(ii) Mango, citrus, apple plantations, etc.
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Criteria
of income/wealth specified in Category VI below will apply.
Deemed as agricultural holding and hence
criteria at A above under this category will apply. Criteria
specified in Category VI below will apply. |
| C.
Vacant land and/or buildings in urban Agglomerations. |
EXPLANATION:-
Building may be used for residential, industrial or
commercial purpose and the like two or more such purposes.
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| VI.
Income/Wealth Test |
Son(s)
daughter(s) – (a)
Persons having gross annual income of Rs. 1 lakh or above
or possessing wealth above the exemption limit as prescribed
in the Wealth Act for a period of three consecutive years.
(b) Persons in Categories I, II, III and V-A who are not disentitled
to the benefit of reservation but have income from other sources
of wealth which will bring them within the income/wealth criteria
mentioned in (a) above.
EXPLANATION:-
(i) Income from salaries or agricultural land shall not be
clubbed;
(ii) The income criteria in terms of rupee will be modified
taking into account the change in its value every three years.
If the situation, however, so demands, the interregnum may
be less.
EXPLANATION—Wherever
the expression “permanent incapacitation” occur
in this schedule, it shall mean incapacitation which results
in putting an officer out of service.
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