The Bihar government has reiterated that officials in the State cannot include parents’ salaries and agricultural earnings when calculating income to determine the creamy layer status of Other Backward Classes (OBC) candidates.
Interestingly, in doing so, the Union government has also argued that in some cases, there may be a need to include salaries of parents to distinguish creamy layer candidates among OBC candidates. However, the order does not explicitly mention the Rohith Nathan judgment or the issues that this judgment dealt with regarding the application of the income test. It acknowledged reports that the creamy layer exclusion process, as set out in these guidelines, was not being followed completely and called for strict adherence to them.
This comes in the backdrop of the Union government approaching the Supreme Court last week to seek clarity on how to apply the income test, especially in light of the top court’s March 11 Rohith Nathan judgment. In a September 1 order addressed to all District Magistrates, the Bihar government reiterated earlier orders on the creamy layer exclusion procedure for OBCs, specifically those concerning the application of the income test. The GAD referred to the 1993 principal guidelines of the Department of Personnel and Training (DoPT) governing the creamy layer exclusion process, and to orders issued by the State government since then.
In an order issued by the General Administration Department (GAD), the State government said that instructions issued by the Centre and the State on the income test stipulate this.
