Haryana mulls appeal against HC order on creamy layer rule in SC promotion quota

Chandigarh: The Haryana govt is considering filing an appeal against the 2025 decision of the Punjab and Haryana high court directing the state to adopt the criteria of creamy layer in granting reservation in promotion in Group A and Group B posts for Scheduled Caste (SC) employees.This was informed by chief minister Nayab Singh Saini to the assembly during the ongoing budget session on Monday. He was responding to a question by Renu Bala, MLA, Sadhaura, seeking details about the implementation of the policy and steps taken or proposed to implement it.
Saini said the state govt's Oct 7, 2023, instructions providing 20% reservation in promotion to Group A and Group B posts for Scheduled Caste employees were challenged before the high court. On April 1, 2025, the HC asked the state to comply with the principle of creamy layer before granting the reservation. "The govt is to now decide whether to file an appeal or not," Saini told the House. He, however, said the state govt is already providing 20% reservation in promotion to Group C and Group D posts under another set of instructions uninterruptedly. In its 52-page verdict, the HC made it clear that the criteria for exclusion of the creamy layer from the SC/ST for the purpose of affirmative action would be different from the criteria applicable to the Other Backward Classes (OBC). "Creamy layer is determined on the basis of post/professional qualifications or income or wealth, eg, children of an IAS/IPS, irrespective of income/wealth, belong to the creamy layer, and similarly, children of persons with annual income or wealth more than the notified limit belong to the creamy layer," the HC observed while referring to the Haryana govt's notification dated July 16, 2024, on the creamy layer applicable to the BC category. MSID:: 128713194 413 |