violation of Article 16(1),16(4)and Article 14 ?
Querist :
Anonymous
(Querist) 06 June 2010
This query is : Resolved
Determine the 'Creamy Layer” amongst SEBCs. (Socially and Educationally Backward Classes)
According to the aforesaid G.R. SSP-1194-KH-109-A-of-01-11-1995 dated 01-11-1995 (Gov. of Gujarat)“income criteria” are to be reviewed and modified every three years or less.
Even though there were clear directions for such review, there was only one review after 9 years in 2004 revising the original limit of Rs. 1 lakh to Rs. 2.5 lakh.Since then there is no Change.
NCL/OBC income limit is 4.5 lkh by Government of India,from 2008
NCL/SEBC income limit is 2.5 lkh by Government of Gujarat,from 2004
This is a clear case of violation of Article 16(1),16(4)and
violation of Article 14 in The Constitution Of India 1949 [Constitution]
The protective discrimination in the shape of job,
reservations under the limit to be prescribed
should not be such as to result in
taking away with one hand what is given
with the other. The income limit must
be such as to mean and signify social
advancement.
SEBC income limit for Non-creamy layer certificate in different states of india is as per given below.
1)Kerala 4.5lkh from 05/10/2009
2)Maharastra 4.5lkh from 1/04/2009
3)U.P. 5.0lkh from 20/10/2008
4)M.P. 4.5lkh from 02/06/2009
5)Chattisgarh 4.5lkh from 24/06/2009
6)A.P 4.0lkh from 04/04/2006
And so on
So My query is that this is violation of Article 16(1),16(4)and
violation of Article 14 in The Constitution Of India 1949 [Constitution] or not ?
Anil
