OBC NCL for Children of CAPFs - "armed forces including paramilit

937 votes

Yes, the term “armed forces including paramilitary forces” as used in the DoPT Office Memorandum dated 8 September 1993 encompasses the Central Armed Police Forces (CAPFs) as well. Although the official nomenclature “CAPFs” was introduced in 2011 by the Ministry of Home Affairs for five forces CRPF, BSF, ITBP, CISF, and SSB this change was only terminological and not substantive in terms of their functional or organizational identity. These forces were always considered paramilitary in nature for administrative and legal purposes. Thus, for the purpose of applying the DoPT guidelines regarding exclusion from OBC non-creamy layer benefits, the expression “paramilitary forces” in the 1993 notification is to be interpreted in an inclusive and purposive manner, encompassing CAPFs as well. Therefore, if either parent is a serving or retired officer in the rank of Colonel or equivalent and above in any of the CAPFs, the children would fall under the creamy layer and shall not be eligible for OBC reservation benefits. This position has been affirmed in various departmental clarifications and aligns with the underlying principle of identifying ‘creamy layer’ based on social advancement and income hierarchy rather than nomenclature technicalities.

LawRato LawRato