Excluded From The Reservation System
People in the following categories are not entitled to take advantage of the reservation system:
| Categories for Rule of Exclusion | Rule of Exclusion Applies to the following: |
|---|---|
| Constitutional posts | The sons and daughters of the President of India, the Vice-President of India, Judges of the Supreme Court, the High Courts Chairman, the members of Union Public Service Commission, members of the State Public Service Commission, Chief Election Commissioner, Comptroller Auditor-General of India or any person holding positions of a constitutional nature. |
| Service Category: Those who are considered Group ‘A’/Class I officers of the All India Central and State Services (Direct Recruits) or those who are considered Group 'B'/ Class II officers of The Central and State Services (Direct Recruitment) or those who are employees in the Public Sector. | Those who have parent(s) that are Class I or Class II officers, or both parents are Class I or Class II officers but one of them dies or suffers permanent incapacitation. For more visit Pgs 7-8 of . The criteria used for sons and daughters of Group A and B are the same for the employees of the Public sector. |
| Armed forces including Paramilitary Forces (Persons holding civil posts are not included). | The sons and daughters of parents either or both of whom is or are in the rank of colonel and above in the army or in equivalent posts in the Navy, the Air Force, and the Paramilitary Force. But that will hold true provided that-
|
| Professional class and those engaged in Trade and Industry | If a person has a high paying job such as physician, lawyer, chartered accountant, income tax consultant, financial or management consultant, dental surgeon, engineer, architect, computer specialist, film artist or other film professional, author, playwright, sports person, sports professional, media professional or any other vocations of like status. If the husband holds one of the above jobs and the wife doesn't then the husband's income will be taken into consideration and if the wife holds one of the above jobs then the wife's income will be taken into consideration.The income of the family as a whole will be taken into account because the whole point of the reservation system is to raise the social status of the people that belong to the SC's, ST's and OBC's and if a family's income is high already it is considered that it raises their social status as well. |
| Property owners- agricultural, plantations (coffee,tea,rubber,etc.), vacant land and/or buildings in urban areas | Sons and daughters of those who have irrigated land area which is equal to or more than 85% of the statutory ceiling area will be excluded from reservation. They would only be under reservation if the land is exclusively unirrigated. Those with vacant buildings can use them for residential, industrial or commercial purposes, hence they are not covered under reservations. |
| Creamy layer | Son(s)/daughter(s) of those who earn 4.5 lakh (450,000) or more annually for three consecutive years are excluded from reservation. |
The creamy layer is only applicable in the case of Other Backward Castes and not applicable on other group like SC or ST. Though the efforts are also being made to do so. In some state the reservation within reservation has been made but creamy layer as such is applicable in OBCs only.
Read more about this topic: Reservation In India
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