Creamy Layer – SC defers hearing on petition against TN
No creamy layer in TN
The public interest litigation (PIL) filed by Voice, a voluntary consumer organisation, alleged that Tamil Nadu had not implemented the apex court order of 1992 in the Mandal Commission case directing the state governments to identify and exclude the 'creamy layers' from among the backward class communities. http://www.chennaionline.com/colnews/newsitem.asp?NEWSID=%7B7D3F9652-0490-4789-87FB-895C39880875%7D&CATEGORYNAME=NATIONAL
This is how the system works on the ground. Sixteen (16) years since Mandal Commission mandated exclusion of creamy layer – Tamilnadu refuses to implement this *central* clause.
Denying an impoverished "upper class" student whose parents are cooks in favour of a OBC student with professional parents is not an exception in TN. It is the rule.
It wil be interesting to see how this case progresses when it comes up for hearing.
Another interesting tidbit: For admissions to central institutions including civil services (and the proposed IIT/IIM/AIIMS) – TN OBCs still require the "non-creamy layer certificate". Guess what, the TN government does not consider the salary when calculating the income cut off criteria !! They consider rent, income from other sources, etc. See: http://www.tn.gov.in/bcmbcmw/reservbenefits.htm
Exemption for Government Employees:
i) For calculating income for purposes of 'creamy layer' conditions, the income from salaries alone is exempted in the case of individuals appointed in Central/State Services. However income from all other sources such as House rent, agriculture, business etc. will be taken into account without exemption.