I have came across many a people from O.B.C.Community who makes mistake in deciding whether they fall under “Non Creamy Layer” or “Creamy Layer”.  Mandal Commission has clearly mentioned the “Indicators (Criteria)  for Social and Educationally Backward” classes in Page No 52 of Part-I.

However in the current time, its difficult to go by these definition and there have been filed many public litigations in Supreme Court. In one of those litigation, it was claimed that if the reservation would be given on such recommended criteria then there is possibility that “Reservation benefits would be snatched away by creamy layer of backward class or caste“. So The nine-judge bench established the concept of qualitative exclusion and it is known as “Creamy Layer“.

An exhaustive criteria for who will fall under creamy layer category has been given in an order issued by Nation Commission on Backward Classes on 2nd March 2015 via DO No. NCBC/MS/1/2015 Please see this link Criteria for Creamy Layer