Bihar Reaffirms OBC Creamy Layer Income Rules, Excludes Parental Salaries

The Bihar government has issued a fresh directive to all District Magistrates, reiterating that parental salaries and agricultural earnings cannot be factored into the income calculation used to determine the creamy layer status of Other Backward Classes (OBC) candidates.

The order, released by the state's General Administration Department (GAD), references the 1993 principal guidelines of the Department of Personnel and Training (DoPT) and subsequent state-level instructions on the income test. The GAD noted that the prescribed exclusion procedure was not being followed in full and has called for strict compliance.

The clarification arrives as the Union government has approached the Supreme Court seeking guidance on applying the income test, particularly in the context of the court's March 11 Rohith Nathan judgment. In its application, the Centre has argued that in certain instances, including parental salaries might be necessary to distinguish between OBC candidates.

The Rohith Nathan judgment had flagged inconsistencies in how the DoPT applied the income test across different OBC categories, describing the practice as "hostile discrimination." The court underscored that the creamy layer concept is intended to exclude candidates who have gained social and economic advantages, not merely those with high incomes. It had directed the Centre to create supernumerary posts for the litigants.

While the Bihar order does not explicitly reference the Rohith Nathan judgment, it reinforces the existing framework that excludes parental salaries and agricultural income from the calculation. The Centre's pending applications, which also raise questions about the retrospective application of the ruling, are scheduled for a hearing later this month.