VIKAS KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction thereby directing the respondent to consider the petitioner as a OBC-NCL candidate. Consequently, to allocate the petitioner to an appropriate service by considering him an OBC-NCL candidate.

(2.) The case of the petitioner is that he is an OBC candidate and appeared in the Civil Services Examination conducted by the Union Public Services Commission. He qualified in the said examination and obtained the rank of 829, however, could normally have been allocated a post in the Indian Revenue Service if considered as an OBC candidate. He is being denied an allotment of service simply because his father is a BSNL employee. This has been held to place the petitioner in the "Creamy layer" of OBC candidates.

(3.) Pursuant to the judgment of a Constitution Bench of the Hon'ble Supreme Court in Indira Sawhney vs. Union of India: AIR 1993 SC 477, an expert committee was appointed to recommend criteria for identification of what is known as the creamy layer. The expert committee took into account the fact that reservations in public employment are based on perceptions of social status rather than income alone and the creamy layer concept when applied to OBC should also be placed on social status and not solely economic criteria.