1

Judgement Writ Petition (Civil) No.930 of 1990 Indira Sawhney

Versus Union of India
And others (16.11.1992)

THE FOLLOWING DIRECTIONS ARE GIVEN TO THE

GOVERNMENT OF INDIA, THE STATE GOVTS. AND
THE ADMINISTRATION OF UNION TERRITORIES

123.

(A)
The Government of India, each of the State Governments and the
Administrations of Union Territories shall, within four months from today, constitute
a permanent body for entertaining, examining and recommending upon requests for
inclusion and complaints of over-inclusion and under-inclusion in the lists of other
backward classes of citizens. The advice tendered by such body shall ordinarily be
binding upon the Government.
(B)
Within four months from today the Government of India shall specify the
bases, applying the relevant and requisite socio-economic criteria to exclude socially
advanced persons/sections (creamy layer) from Other Backward Classes. The
implementation of the impugned O.M. dated 13th August 1990, shall be subject to
exclusion of such socially advanced persons (creamy layer).
This direction shall not however apply to States where the reservations in
favour of backward classes are already in operation. They can continue to operate
them. Such States shall however evolve the said criteria within six months from today
and apply the same to exclude the socially advanced persons/sections from the
designated Other Backward Classes.
(C)
It is clarified and directed that any and all objections to the criteria that may be
evolved by the Government of India and the State Governments in pursuance of the
direction contained in clause (B) of Para 123 as well as to the classification among
backward classes and equitable distribution of the benefits of reservations among them
that may be made in terms of and as contemplated by clause (1) of the Office
Memorandum dated 25th September 1991, as explained herein, shall be preferred only
before this court and not before or in any other High Court or other court or Tribunal.
Similarly, any petition or proceeding questioning the validity, operation or
implementation of the two impugned Office Memorandums, on any grounds
whatsoever, shall be filed or instituted only before this Court and not before any High
Court or other Court or Tribunal.

2
124.

The Office Memorandum dated August 13, 1990 impugned in these writ
petitions is accordingly held valid and enforceable subject to the exclusion of the
socially advanced members/sections from the notified Other Backward Classes, as
explained in para 123(B).
Clause (i) of the Office Memorandum dated September 25, 1991 requires to
uphold its validity to be read, interpreted and understood as intending a distinction
between backward and more backward classes on the basis of degrees of social
backwardness and a rational and equitable distribution of the benefits of the
reservations amongst them. To be valid, the said clause will have to be read,
understood and implemented accordingly.
Clause (ii) of the Office Memorandum dated September 25, 1991 is held
invalid and inoperative.
The Writ Petitions and Transferred Cases are disposed of in the light of the
principles, directions, clarifications and order contained in this Judgement.
No costs.
Sd/- CJI
(M.H. KANIA)
Sd/- J
(M.N. VENKATACHALIAH)
Sd/- J
(A.M. AHMADI)
Sd/- J
(B.P. JEEVAN REDDY)

NEW DELHI,
November 16, 1992

3
Appendix-IV
No.12011/16/93-BCC(C)
GOVERNMENT OF INDIA
MINISTRY OF WELFARE
New Delhi, the 22nd February, 1993
RESOLUTION
The Supreme Court, in its Majority Judgement in Writ Petition (Civil) No.930 of
1990, Indra-Sawhney and Others etc. Vs. Union of India and Others etc., delivered on 16th
November, 1992 has, inter-alia, directed that within four months from today the Government
of India shall specify the bases, applying the relevant and requisite socio-economic criteria to
exclude socially advanced persons/sections (creamy layer) from Other Backward Classes
and further that the implementation of the impugned O.M. dated 13th August, 1990 shall be
subject to exclusion of such socially advanced persons (creamy layer).
2.
Having regard to the fact that a lot of specialised inputs would be needed to determine
the bases viz., socio-economic criteria for identification of the creamy layer, it has been
decided to set up an Expert Committee consisting of:
1.
2.
3.
4.

Justice Ram Nandan Prasad (Retd.)

High Court Patna
Shri M.L. Sahare (Social Scientist)
Former Chairman, U.P.S.C.
Shri P.S. Krishnan
Former Secretary (Welfare), Govt. of India
Shri R.J. Majithia
Former Chairman, Revenue Board
Government of Rajasthan

Chairman
Member
Member
Member-Secretary

to make recommendations to the Govt. of India, in regard to the said socio-economic criteria.
The Committee will also give recommendations on such other matters relating to the
implementation of the judgement of the Supreme Court, as the Government of India may
consider necessary.
3.

The Headquarters of the Committee will be located at Delhi.

4.
The Committee will devise its own procedures in the discharge of its functions. All
the Ministries and Departments of the Government of India will furnish such information and
documents and provide such assistance as may be required by the Committee. It is hoped that
the State Governments and Union Territory Administrations and others concerned will extend
their fullest cooperation and assistance to the Committee.

4
5.
The Committee shall submit its Report on the socio-economic criteria for exclusion of
the creamy layer from Other Backward Classes latest by 10th March, 1993.
Sd/(M.S. PANDIT)
Jt. Secy. (M&BC)
ORDER
ORDERED that a copy of the resolution be communicated to all
Ministries/Departments of the Government of India/State Governments and U.T.
Administrations.
ORDERED also that the resolution be published in the Gazette of India for general
information.
Sd/(M.S. PANDIT)
Jt. Secy. (M&BC)

5
AppendixVI
G.I., Dept. of Per. & Trg., O.M. No.36012/22/93-Est. (SCT) dated 8.9.1993
SUBJECT:

Reservation for Other Backward Classes in Civil Posts and Services

under the Government of India - Regarding.

The undersigned is directed to refer to this Departments O.M. No.36012/31/90-Estt.

(SCT), dated the 13th August, 19901 and 25th September, 19912, regarding reservation for
Socially and Educationally Backward Classes in Civil Posts and Services under the
Government of India and to say that following the Supreme Court judgement in the Indira
Sawhney and other v. Union of India and others case [Writ Petition (Civil) No.930 of 1990],
the Government of India appointed an Expert Committee to recommend the criteria for
exclusion of the socially advanced persons/sections from the benefits of reservations for Other
Backward Classes in civil posts and services under the Government of India.
2.
Consequent to the consideration of the Expert Committees recommendations, this
Departments Office Memorandum No.36012/31/90-Estt. (SCT), dated 13.8.1990, referred to
in para (1) above is hereby modified to provide as follows :(a)

27% (twenty-seven per cent) of the vacancies in civil posts and services under
the Government of India, to be filled through direct recruitment, shall be
reserved for the Other Backward Classes. Detailed instructions relating to the
procedure to be followed for enforcing reservation will be issued separately.

(b)

Candidates belonging to OBCs recruited on the basis of merit in an open

competition on the same standards prescribed for the general candidates shall
not be adjusted against the reservation quota of 27%.

(c)

(i)
The aforesaid reservation shall not apply to persons/sections mentioned
in column 3 of the Schedule to this Office Memorandum. (See Appendix 1)
(ii)
The rule of exclusion will not apply to persons working as artisans or
engaged in hereditary occupations, callings. A list of such occupations, callings
will be issued separately by the Ministry of Welfare.

(d)

1
2

The OBCs for the purpose of the aforesaid reservation would comprise, in the
first phase, the castes and communities which are common to both the lists in
the report of the Mandal Commission and the State Governments Lists. A list
of such castes and communities is being issued separately by the Ministry of
Welfare.

Appendix 2 to Annexure-IV
Appendix 3 to Annexure-IV

6
(e)

The aforesaid reservation shall take immediate effect. However, this will not
apply to vacancies where the recruitment process has already been initiated
prior to the issue of this order.

3.
Similar instructions in respect of public sector undertakings and financial institutions
including public sector banks will be issued by the Department of Public Enterprises and by
the Ministry of Finance respectively effective from the date of this office memorandum.
To
All Ministries/Departments of Government of India.
Copy:
1. Department of Public Enterprises, New Delhi }
2. Ministry of Finance (Banking and Insurance }
Divisions), New Delhi }

It is requested that the said

instructions may be issued in
respect of PSUs, Public Sector
Banks and Insurance Corporations.

Annexure-I to Appendix-VI
PERSONS/SECTIONS EXCLUDED FROM RESERVATION
[Schedule TO G.I., Dept. of Per. & Trg., O.M. No.36012/22/93-Estt.(SCT) dated 8-9-1993]

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 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.

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 parent 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,

8
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)

(b)

B. Group B/Class II officers of

The Central and State Services
(Direct Recruitment)

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;
A lady belonging to OBC category
has got married to a Class I officer, and
may herself like to apply for a job.

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 of preforty promoted) 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

9
suffers permanent incapacitation;
Sons and daughters of --(a)
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
organization like UN, IMF, World Bank,
etc., for a period of not less than 5 years
before their death or permanent
incapacitation.
C. Employees in Public Sector

III. Armed forces including Paramilitary

Forces (Persons holding civil posts
are not included).

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 equiva- lent 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.
Son(s) and daughter(s) of parents either or
both of whom is or are in the rank of Colonol
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

10
enumerated therein will apply to her
independently.
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.
(ii)
Persons engaged in trade, business and
industry.

Criteria specified against Category VI

will apply.

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
on the basis of the husbands 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 wifes income
and the husbands income will not be
clubbed with it.

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

11
taken into account. This will be done by
converting, the unirrigated land on the
basis of the converting, the unirrigated
land on the basis of the conversion
formula existing, into the irrigated type.
The irri- gated area so computed from
un- irrigated 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.

B. Planatations
(i) Coffee, tea, rubber, etc.
(ii) Mango, citrus, apple
plantations, etc.

C. Vacant land and/or buildings in

urban areas or urban agglomerations
VI.

Income/Wealth Test

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.
Explanation : - Building may be used
for residential, industrial or comercial purpose and the like two or more
such purposes.
Son(s) and 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 :-

12
(i) Income from salaries or agri- cultural 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.

13
Annexure-II to Appendix-VI
G.I., Dept. of Per. & Trg., O.M. No.36012/31/90-Est. (SCT), dated 13.8.1990
SUBJECT:

27% Reservation for Socially and Educationally Backward Classes in

Civil Posts/ Services.

In a multiple undulating society like ours, early achievement of the objective of social
justice as enshrined in the Constitution is a must. The Second Backward Classes Commission,
called the MANDAL COMMISSION, was established by the then Government with this
purpose in view, which submitted its report to the Government of India on 31st December,
1980.
2.
Government have carefully considered the report and the recommendations of the
Commission in the present context regarding the benefits to be extended to the socially and
educationally backward classes as opined by the Commission and are of the clear view that at
the outset certain weightage has to be provided to such classes in the services of the Union
and their Public Undertakings. Accordingly orders are issued as follows :(i)

27% of the vacancies in civil posts and services under the Government of India
shall be reserved for SEBC;

(ii)

The aforesaid reservation shall apply to vacancies to be filled by direct

recruitment. Detailed instructions relating to the procedure to be followed for
enforcing reservation will be issued separately.

(iii)

Candidates belonging to SEBC recruited on the basis of merit in an open

competition on the same standards prescribed for the general candidates shall
not be adjusted against the reservation quota of 27%.

(iv)

The SEBC would comprise in the first phase the castes and communities which
are common to both the lists in the report of the Mandal Commission and the
State Governments lists. A list of such castes/communities is being issued
separately;

(v)

The aforesaid reservation shall take effect from 7.8.1990. However, this will
not apply to vacancies where the recruitment process has already been initiated
prior to the issue of these orders.

3.
Similar instructions in respect of public sector undertakings and financial institutions
including public sector banks will be issued by the Department of Public Enterprises and
Ministry of Finance respectively.

14
Annexure-III to Appendix-VI
G.I., Dept. of Per. & Trg., O.M. No.36012/31/90-Est. (SCT), dated 25.9.1991
SUBJECT:

Amendment to the 27% reservation in service for Socially and

Educationally Backward Classes.

The undersigned is directed to invite the attention to OM of even number, dated the 13th
August, 1990, on the above mentioned subject and to say that in order to enable the poorer
sections of the SEBCs to receive the benefits of reservation on a preferential basis and to
provide reservation for other economically backward sections of the people not covered by
any of the existing schemes of reservation, Government have decided to amend the said
Memorandum with immediate effect as follows :2.

(i)
Within the 27% of the vacancies in civil posts and services under the
Government of India reserved for SEBCs, preference shall be given to candidates
belonging to the poorer sections of the SEBCs. In case sufficient number of such
candidates are not available, unfilled vacancies shall be filled by the other SEBC
candidates.
(ii)
10% of the vacancies in civil posts and services under the Government of India
shall be reserved for other economically backward sections of the people who are not
covered by any of the existing schemes of reservations.
(iii)
The criteria for determining the poorer sections of the SEBCs or the other
economically backward sections of the people who are not covered by any of the
existing schemes of reservations are being issued separately.

3.
The OM of even number, dated the 13th August, 1990, shall be deemed to have been
amended to the extent specified above.

15
Appendix-VII
MINISTRY OF WELFARE

RESOLUTION
New Delhi, the 10th September, 1993

No.12011/68/93-BCC(C).The Government of India have had under consideration the

judgement of the Supreme Court dated 16.11.92 in the case of Indira Sawhney and Others Vs.
Union of India and Others (No.930 of 1990) relating to reservation of 27% vacancies in civil
posts and services under the Government of India in favour of Other Backward Classes
(OBCs).
2. The OBCs for the purpose of the aforesaid reservation as per orders of the Government of
India issued vide O.M. No.36012-22-93-Estt. (SCT) of 8th September, 1993 by the Ministry of
Personnel, Public Grievances & Pensions (Department of Personnel & Training), would
comprise, in the first phase, the castes and communities which are common to both the lists in
the report of the Mandal Commission and the State Governments Lists.
3. The Expert Committee on Creamy Layer headed by Justice (Rtd.) R.N. Prasad, was
commissioned to prepare the Common Lists in respect of the following States which had
notified the list (Appendix Allahabad) of OBCs for the purpose of reservation in State
Services as on the date of judgement of the Supreme Court:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

Andhra Pradesh
Assam
Bihar
Goa
Gujarat
Haryana
Himachal Pradesh
Karnataka
Kerala
Madhya Pradesh
Maharashtra
Punjab
Tamil Nadu
Uttar Pradesh

16
4. The Common Lists prepared by the Committee have been accepted by the Government.
The Government has decided to notify the annexed lists of the Other Backward Classes in the
context of implementation of the aforesaid O.M. The lists shall be deemed to have taken
effect from 8th September, 1993.
5. The National Commission for Backward Classes, set up under the provisions of the
National Commission for Backward Classes Act, 1993 in pursuance of the direction of the
Supreme Court in the aforesaid case shall entertain, examine and recommend upon requests
for inclusion and complaints of over-inclusion and under-inclusion in the lists of Other
Backward Classes of citizens.

ORDER
Ordered that a copy of the resolution be communicated to all State Governments, UT
Administrations, Ministries/Departments of Government of India.
Ordered also that the resolution be published in the Gazette of India for general
information.
M.S. PANDIT, Jt. Secy.

17
AppendixVIII
MINISTRY OF WELFARE
RESOLUTION
New Delhi, the 19th October, 1994
No.12011/9/94-BCC.The Government of India, vide the Ministry of Personnel, Public
Grievances & Pensions (Department of Personnel and Training) O.M. No.36012/22/93Estt.(SCT), dated the 8th September, 1993 have reserved 27 per cent of vacancies in civil posts
and services under the Central Government in favour of Other Backward Classes (OBCs.
This O.M. also specifies that the OBCs for the purpose of aforesaid reservation would
comprise, in the first phase, the castes and communities which are common to both the lists in
the Report of the Mandal Commission and the State Government lists.
2. The Common Lists of OBCs in respect of 14 States, namely, Andhra Pradesh, Assam,
Bihar, Goa, Gujarat, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh,
Maharashtra, Punjab, Tamil Nadu and Uttar Pradesh, in the context of implementation of
aforesaid O.M. were notified in the Ministry of Welfare Resolution No.12011/68/93-BCC (C)
dated : 10th September, 1993 and published in the Gazette of India Extraordinary--Part I,
Section I, No.186, New Delhi, Monday, September, 13th, 1993/Bhadra 22, 1915.
4. The Government of India have also now prepared the Common Lists of OBCs in respect
of the following 4 States and 3 Union Territories :1.
2.
3.
4.
5.
6.
7.

Orissa
Rajasthan
Tripura
West Bengal
Dadra and Nagar Haveli
Daman and Diu
Pondicherry

The Government have decided to notify the annexed Common Lists in respect of the
above mentioned 4 States and 3 Union Territories in the Central List of OBCs in the context
of implementation of the aforesaid O.M. dated 8th September, 1993 of the Department of
Personnel and Training. These lists shall take effect from the date of issue of this Resolution.
Sd/GANGA DAS, Jt. Secy.

18
ORDER
Ordered that a copy of this Resolution be communicated to all State Governments, Union
Territory Administrations, Ministries/Departments of the Government of India.
Ordered also that this Resolution be published in the Gazette of India for general
information.
Sd/(BHAGWATI PARSHAD)
Joint Secretary to the Government of India

19

Appendix-IX

G. I. Dept. of Per. & Trg. Lr No.3601/22/93-Estt. (SCT) dated 15-11-1993

(to all State Governments and Union Territories)
Subject:-

Certificate to be produced by OBC candidates regarding Creamy Layer

I am directed to say that Government of India has issued instructions on 8-9-1993

providing for reservation to Other Backward Classes in he services and posts under the
Government of India. The Other Backward Classes for the purpose of the above said
reservation would comprise in the first phase, the castes and communities which are common
to both the lists in the report of Mandal Commission and the State Governments list. A list
of such castes and communities was notified in Resolution No.12011/68/93-BCC dated the
10th September, 1993, published in the Gazette of India, Extraordinary Part I- Section I, dated
13-9-1993. For the purpose of verification of the castes and communities, the Government of
India has prescribed a certificate from the following authorities as in the case of SC/ST vide
this Departments OM No.36012/22/93-Estt. (SCT), dated 22-10-1993.
(a) District
Magistrate/Additional
District
Magistrate/Collector/Deputy
Commissioner/Additional Deputy Commissioner/Deputy Collector/I Class
Stipendiary Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive
Magistrate/Extra Assistant Commissioner (not below the rank of I Class
Stipendiary Magistrate).
(b) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency
Magistrate.
(c) Revenue Officer not below the rank of Tehsildar; and
(d) Sub-Divisional Officer of the area where the candidate and/or his family normally
resides.
2.
In the light of the Supreme Courts judgement in the Indira Sawhney case, this
Department has specified the persons/section (Creamy Layer) to whom the benefit of
reservation shall not apply vide Column 3 of the Schedule to the Department of Personnel and
Training, OM No.36012/22/93-Estt. (SCT) dated 8-9-1993. It has been considered that the
same authorities who are notified as competent to certify OBCs status should also be
authorised to certify that a candidate does not belong to the Creamy Layer. It is therefore,
requested that instructions may be issued to the District Authorities under your control to
verify and issue the necessary certificate to the candidates regarding his OBCs status as well
as exclusion from Creamy Layer. To enable the District Authorities to examine the claims
of the candidates, a model format has been devised as in Annexure-B. This may be suitably
revised if considered necessary. The format of the certificate that may be given by the
concerned District Authorities may be as in Annexure-A.

20
3.
It is also requested that wide publicity may be given to the Ministry of Welfare
Resolution No.12011/68/93-BCC (C), dated 10-9-193, published in the Gazette of India,
Extraordinary Part-I Section I, dated 13-9-1993, containing the list of Backward Castes as
well as to Dept. of Per. & Trg., O.M. No.36012/22/93-Estt. (SCT), dated 8-9-1993, which
specifies the criterion which will determine the persons who belong to the creamy layer and to
whom the reservation shall not apply. This will facilitate the candidates to ascertain their
eligibility for reservation. It would also be advisable to appropriately brief the certifying
Authorities and to provide them with sufficient number of copies of the abovementioned
Gazette Notification and the Department, OM, dated 8-9-1993, in order to ensure prompt and
correct certification.
4.
A copy of the orders issued by your Government in this regard may also be endorsed
to this Department for information.

G.I. Dept. of Per. & Trg. OM No.36012/22/93-Estt. (SCT) dated 22-10-1993, OM of even
number dated 15-11-1993 and 29-12-1993
Subject :-

Reservation for Other Backward Classes in Civil Posts and Services under the
Government of India Regarding

The undersigned is directed to refer to this Departments OM of even number, dated

the 8th September, 1993, on the above subject and to say that in accordance with the Supreme
Court Judgement in the Indira Sawhney case, the reservations contemplated in Clause 4 of
Article 16 should not exceed 50%. For the purpose of applying the rule of 50%, an year
should be taken as the unit and not the entire strength of the cadre, service or the unit, as the
case may be. This position would also apply in the case of carry forward vacancies.
Therefore, the Ministries/Departments are requested to ensure that the reservations provided
to SC/ST/OBCs put together do not exceed 50% of vacancies arising in an year.
2.
In the light of the reservations provided to Other Backward Classes, it is necessary to
revise the existing reservation rosters,. In respect of direct recruitment on All India basis by
open competition where there is a reservation for 15% for SC and 7 % for ST, the existing
40-point roster has been revised. In respect of direct recruitment on All India basis otherwise
than open competition where there is a reservation of 16 2/3 % for SC and 7 % for ST, the
existing roster has been revised. The revised roster will come into effect (from 2-7-1997)
immediately. Vacancies filled on or after 2-7-1997 should be shown in the new roster now
prescribed. The old roster shall be deemed to have been closed from this date. The
reservations which had to be carried forward in the previous roster shall now be carried
forward to the new roster.
3.
There is no change in the existing reservation rosters in so far as promotion is
concerned, as there is no reservation for OBCs in promotion.
4.
The upper age-limit prescribed for direct recruitment shall be relaxed by three years in
respect of candidates belonging to OBCs. In respect of written examinations and interview, in

21
order to fulfil the quota earmarked to OBCs, relaxation of standards may be provided as in the
case of SC/ST candidates.
5.
For the purpose of verification of the castes/communities, the certificate (for model
form,See Appendix-3) furnished by the candidates for the purpose of benefit of reservation to
OBCs from the following authorities only will be accepted:(a)

(b)
(c)
(d)

District
Magistrate/Additional
District
Magistrate/Collector/Deputy
Commissioner/Additional Deputy Commissioner/Deputy Collector/I Class
Stipendiary
Magistrate/Sub-Divisional
Magistrate/Taluka
Magistrate/Executive Magistrate/Extra Assistant Commissioner (not below the
rank of I Class Stipendiary Magistrate).
Chief
Presidency
Magistrate/Additional
Chief
Presidency
Magistrate/Presidency Magistrate.
Revenue Officer not below the rank of Tehsildar; and
Sub-Divisional Officer of the area where the candidate and/or his family
normally resides.

The same authorities which are notified as competent to certify OBCs status
should also be authorised to certify that the candidate in question does not belong to the
persons/section (Creamy Layer) mentioned in Column 3 of the Schedule to this Departments
OM, dated 8-9-1993
G.I. Dept. of Per. & Trg. O.M. No.36012/22/93-Estt. (SCT), dated 30-12-1993
Subject : -

Unfilled vacancies of OBCs should not be de-reserved but carried forward

The undersigned is directed to say that the question of de-reservation and carry
forward of unfilled posts reserved for Other Backward Classes has been examined by the
Government. It has since been decided that the posts reserved for Other Backward Classes
which remain unfilled should not be de-reserved but should be carried forward as such for a
period of three recruitment years or till the posts are filled by OBC candidates, whichever is
earlier
Govt. of India, Ministry of Welfare Letter No.12011/11/94-BCC(C) dated
8th April, 1994
_____________________________________________________________________
To
Chief Secretaries of all State Governments and UT Administrations.
Subject:
Sir,

Issuing of Other Backward Class Certificates to migrants from other

States/UTs

22

In continuation of the DOPT's letter of 36012/22/93-Estt.(SCT) dated 15th November,

1993, I am directed to say that it has been represented to this Department that persons
belonging to OBCs who have migrated from one State to another for the purpose of
employment, education, etc. experience great difficulty in obtaining caste certificates from the
State from which they have migrated. In order to remove this difficulty, it has been decided
that the prescribed authority of a State/U.T. Administration in terms of the DOPT letter
No.36012/22/93-Estt.(SCT) dated 15th November, 1993 may issue the OBC Certificate to a
person who has migrated from another State on the production of a genuine certificate issued
to his father by the prescribed authority of the State of his father's origin except where the
prescribed authority feels that a detailed enquiry is necessary through the State of origin
before the issue of the Certificate.
2.
The Certificate will be issued irrespective of whether the OBC candidate in question is
included in the list of OBC pertaining to the State/U.T. to which the person has migrated. The
facility does not alter the OBC status of the person in relation to the one or the other
State/U.T. The OBC person on migration from the State/U.T. of his origin to another
State/U.T. where his caste is not in the OBC list is entitled to the concessions/benefits
admissible to the OBCs from the State of his origin and Union Government but not from the
State where he has migrated.
3.
It is requested that all competent authorities may be advised to issue the OBC
Certificate after satisfying themselves of the correctness of the Certificate. The Lists of the
Competent Authorities empowered as per DOPT's circular of 15th November, 1993 may be
followed strictly. No other authorities may be allowed to issue the OBC Certificates.
Yours faithfully,
Sd/
(M.S. Pandit)
Joint Secretary to the Govt. of India.
G.I. Dept. of Per. & Trg. O.M. No.36012/27/94-Estt. (SCT), dated 13-05-1994
Subject : - Exemption of Scientific and Technical posts from the purview of reservation
orders for OBCs.
The undersigned is directed to refer to this Departments O.M. No.9/2/37-Estt.(SCT),
dated 23-6-1975, (see Order No.9 under Section 2) wherein such of the technical posts as
satisfying all the following conditions are exempted from the purview of reservation orders.
(i)

The posts should be in grades above the lowest grade in Group A of the
Service concerned.

23
(ii)
(iii)

They should be classified as Scientific or Technical (in terms of Cabinet

Secretariat, Department of Cabinet Affairs) O.M. No.85/11/CF-61(1), dated
28-12-1961 and
These should be posts for conducting research or for organizing, guiding and
directing research.

Orders of the Minister concerned are required to be obtained before exempting any post
satisfying the above conditions from the purview of the scheme of reservations.
2.
With the introduction of the Scheme of reservation for Other Backward Classes,
doubts have been expressed by certain Ministries/Departments as to whether the above-said
provisions of OM, dated 23-6-1975, would be applicable to the reservations for OBCs also.
As the reasons for the grant of exemption from the purview of reservation orders in respect of
SC/St is equally applicable for the grant of such exemption in the case of OBC, it is clarified
that the provisions of OM, dated 23-6-1975, for the grant of exemption from the purview of
reservation orders would be equally applicable to reservation for OBCs.

G.I. Dept. of Per. & Trg., O.M. No.36033/9/95-Estt.(SCT), dated 10-5-1995

Subject:-

Verification/acceptance of caste certificate furnished by candidated claiming to

belong to OBC.

The undersigned is directed to refer to Dept. of Per. & Trg.s O.M. No. 36012/6/88Estt.(SCT), dated 24-4-1990, on the subject mentioned above wherein it was indicated that the
Appointing Authority should include a clause in the offer of appointment to the candidates
belonging to SC/ST to the effect that the appointment was provisional and would be
terminated in case the caste certificate produced by them was found to be false.
2.
After the issue of reservation orders of OBCs, it is considered necessary to have
similarly provision in respect of the caste certificate furnished by candidates claiming to
belong to OBC communities.
3.
In the offer of appointment to candidates claiming to belong to OBC, the Appointing
Authority should include a clause as follows:The appointment is provisional and is subject to the caste certificate being verified
through the proper channels. If the verification reveals that the claim of the
candidates to belong to OBC is false, the services of such candidates will be
terminated forthwith without assigning any further reasons and without prejudice to
such further action as may be taken under the provisions of the Indian Penal Code for
production of false certificate.
4.

All Ministries/departments are requested to take further action on the above lines.

24

G.I. Dept. of Per. & Trg., O.M. No.42011/18/96dated 6-3-1997 and OM of even number, dated 1-10-1997
Subject:-

Estt.

(Res.),

Officer of the rank of Deputy Secretary to be nominated as a separate Liaison

Officer for looking after matters relating to the reservation for OBCs.

The undersigned is directed to invite attention to the departments O.M.

No.36035/8/92-Estt.(SCT), dated 10-11-1994, according to which the Liaison Officers
appointed to look after the reservation matters of SC/ST were also entrusted with the
responsibility of looking after reservation matters relating to the OBCs.
2.
The matter of having the same LO for the SCs/STs and the OBCs has been reexamined and it has been decided there should be a separate Liaison Officer for looking after
matters relating to the reservation for the OBCs, Ministry of Finance, etc., are requested to
take immediate steps to appoint a separate LO for the OBCs.
3.
Ministry of Finance, etc. may also please bring these instructions to the notice of all
the Attached and Subordinate Offices/PSUs under them for compliance.
It has been noticed that the Ministries/Departments have appointed Liaison Officers
below the level/status of the deputy Secretary, without taking into consideration the
instructions laid down for the appointment of LO for SC/ST, vide OM, dated 10-4-1968.
4.
All the Ministries/Departments are requested to nominate the Deputy Secretary incharge of Administration in the Ministry/Department or another officer of the rank of Deputy
Secretary as LO for looking after work relating to matters of reservation for the OBCs in
service/posts. The functions of the Liaison Officer will be at par with the LO looking after
the work of SC/ST in services/posts.

25
Appendix-X
No.36033/3/2004-Estt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi.
Dated: 9th March, 2004.

OFFICE MEMORANDUM
Subject:

Revision of Income Criteria to exclude socially advanced persons/sections

(Creamy Layer) from the purview of reservation for Other Backward Classes
(OBCs).

The undersigned is directed to invite attention to this Departments O.M. No.

36012/22/93-Estt.(SCT) dated 8th September, 1993 which inter alia provides that sons and
daughters of persons having gross annual income of Rs. 1 lakh or above for a period of three
consecutive years fall within the creamy layer and are not entitled to get the benefit of
reservation available to the Other Backward Classes. It has been decided to raise the income
limit from Rs.1 lakh to Rs. 2.5 lakh for determining the creamy layer amongst the OBCs.
Accordingly the following entry is hereby substituted for the existing entry against Category
VI in the Schedule to the above referred O.M:
Category

Description of Category

To whom the rule of exclusion will apply

VI

INCOME/WEALTH TEST Son(s) and daughter(s) of

(a) Persons having gross annual income of Rs.
2.5 lakh or above or possessing wealth
above the exemption limit as prescribed
in the Wealth Tax 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 or wealth
which will bring them within the income/wealth
criteria mentioned in (a) above.
Explanation:
Income from salaries or agricultural land shall
not be clubbed.

26
2.
The provisions
th
4 February, 2004.

of

this

Office

Memorandum

take

effect

from

the

3.
All the Ministries/Departments are requested to bring the contents of this Office
Memorandum to the notice of all concerned.

Sd/(K.G. Verma)
Deputy Secretary to the Government of India
Tele: 23092797
To
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

All the Ministries/Departments of the Government of India.

Department of Economic Affairs (Banking Division), New Delhi.
Department of Economic Affairs (Insurance Division), New Delhi.
Department of Public Enterprises, New Delhi.
Railway Board.
Union Public Service Commission/Supreme Court of India/Election Commission/ Lok
Sabha Secretariat/Rajya Sabha Secretariat/Cabinet Secretariat/Central Vigilance
Commission/Presidents Secretariat/Prime Ministers Office/Planning Commission
Staff Selection Commission, CGO Complex, Lodi Road, New Delhi.
Ministry of Social Justice and Empowerment, Shastri Bhavan, New Delhi.
National Commission for SCs and STs, Lok Nayak Bhavan, New Delhi.
National Commission for Backward Classes, Trikoot-I, Bhikaiji Cama Place,
R.K. Puram, New Delhi.
Office of the Comptroller and Auditor General of India, 10, Bahadurshah Zafar Marg,
New Delhi 110002.
Information and Facilitation Centre, DOPT, North Block, New Delhi (100 copies).
Spare Copies 400

NO.36033/3/2004-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi, dated the 14th October, 2008

Subject:-

Revision of income criteria to exclude socially advanced

persons/sections (Creamy Layer) from the purview of reservation
for Other Backward Classes (OBCs).

The undersigned is directed to invite attention to this Department's O.M

No.36012/22/93-Estt.(SCT) dated 8th September, 1993 which inter alia provided
that sons and daughters of persons having gross annual income of RS.1 lakh
or above for a period of three consecutive years would fall within the creamy
layer and would not be entitled to get the benefit of reservation available to the
Other Backward Classes. The limit of income for determining the creamy layer
status was raised to Rs. 2.5 lakh vide this Department's OM of even number
dated 9.3.2004. It has now been decided to raise the income limit from Rs. 2.5
lakh to Rs. 4.5 lakh per annum for determining the creamy layer amongst the
OBCs. Accordingly the following entry is hereby substituted for the existing
entry against Category VI in the Schedule to the above referred O.M.
To whom the rule of exclusion will
~

Son(s) and daughter(s) of

(a)Persons having gross annual
income of Rs. 4.5 lakh or above
or: possessing wealth above the
exemption limit as prescribed in
the Wealth Tax Act for 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 incomelwealth criteria
mentioned in (a) above.

Income
from
salaries
or
agricultural land shall not be
clubbed.

2.
The provisions
the 3rd October, 2008.

of

this

Office

Memorandum

take

effect

from

3.
All the Ministries/Departments are requested to bring the contents of this
Office Memorandum to the notice of all concerned.

(K.G Verma)
Director

1.
2.
3.
4.
5.
6.

7.
8.
9.
10.
11.
12.
13.

All the Ministries/Departments of the Government of India.

Department of Economic Affairs (Banking Division), New Delhi.
Department of Economic Affairs (Insurance Division), New Delhi.
Department of Public Enterprises, New Delhi.
Railway Board.
Union Public Service Commission/Supreme Court of India/Election
Commission/Lok Sabha Secretariat/Rajya Sabha Secretariat/Cabinet
Secretariat/Central
Vigilance
Commission/
President's
Secretariat/Prime Minister's Office/Planning Commission.
Staff Selection Commission, CGO Complex, Lodhi Road, New Delhi.
Ministry of Social Justice and Empowerment, Shastri Bhavan, New
Delhi.
National Commission for SCs and STs, Lok Nayak Bhavan, New Delhi.
National Commission for Backward Classes, Trikoot-I, Bhikaji Cama
Place, R.K. Puram, New Delhi.
Office of the Comptroller and Auditor General of India, 10
Bahadurshah Zafar Marg, New Delhi- 110002.
Information and Facilitation Centre, DOPT, North Block, New Delhi.
(100 copies)
Spare copies - 400.

The Chief Secretaries of all the States/ UTs. for information and
necessary action.