A major disparity has emerged between the central government and the Madhya Pradesh government regarding the implementation of the creamy layer criteria for Other Backward Classes (OBC) candidates. Between 2015 and 2024, the Centre blocked the recruitment of 91 candidates selected for the Indian Administrative Service (IAS) after they were found to fall under the creamy layer, making them ineligible for OBC reservation benefits.
Lax Screening in Madhya Pradesh
While the central government has strictly enforced the creamy layer provision, the Madhya Pradesh government has shown significant leniency. Over 150 complaints regarding creamy layer violations remain pending with the state-level screening committee, which has been accused of inaction and negligence.
According to Backward Classes Commissioner Mr. Saurav Kumar Suman, 40 active cases involving doubtful OBC caste certificates are currently being reviewed, with notices being issued and hearings underway. However, the pace and seriousness of scrutiny in the state fall short compared to the Centre.
State-Level Committee’s Justifications
The state-level screening committee has cited several challenges in expediting investigations:
- The income limit is assessed every three years, which they claim complicates verification.
- Absence of clear guidelines for creamy layer investigation has led to delays and increased pendency.
Key Cases Highlight Disparities
The first major case involving the creamy layer in Madhya Pradesh was that of Dr. Sharad Chaudhary, whose appointment as Dean of Rajmata Scindia Agricultural University was cancelled on March 14, 2022, after it was found that he belonged to the creamy layer. This decision was also upheld by the High Court.
In contrast, no action has been taken against Mr. Avinash Shivaria, an Assistant Engineer selected through MPPSC in April 2011. He had submitted a two-year-old creamy layer certificate despite his salary exceeding the creamy layer threshold at the time.
Central Government’s Stand in Parliament
In response to a question raised by three MPs in the Rajya Sabha, Union Minister of State Mr. Jitendra Singh confirmed that the Centre had withheld appointment of 91 IAS candidates between 2015 and 2024 for violating creamy layer norms. The MPs also raised concerns over the applicability of the creamy layer provision only to OBCs in government recruitment.
Evolution of the Creamy Layer Income Limit
- July 28, 2006: Rs. 2.5 lakh per annum
- October 14, 2008: Raised to Rs. 4.5 lakh per annum
- Current limit (Central Government): Rs. 8 lakh per annum
While Madhya Pradesh has accepted the revised Rs. 8 lakh limit, the verification mechanism remains considerably lenient, raising concerns about fairness and transparency in state-level appointments.
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