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

581 votes

. Yes, if either parent is serving or retired from the Central Armed Police Forces (like CRPF, BSF, CISF, ITBP, or SSB) and holds the rank of Commandant or above, their children will generally fall under the creamy layer and will not be eligible for OBC reservation. This is because such ranks are treated as equivalent to a Colonel in the Army, and as per government rules, children of officers of this level are excluded from OBC benefits. Each case may still require review of specific service details, but this is the standard position under DoPT guidelines.

Advocate Amit Kumar Sharma LawRato

907 votes

1993 ki DoPT circular (OM No. 36012/22/93‑SCT, Clause III) ke mutabik “Colonel aur uske barabar pad Armed Forces ya Paramilitary Forces** (Group‑A, Rank‑wise)** ke parent ke bete‑bete ko creamy‑layer mana gaya hai.* Aur ye “Paramilitary Forces” mein wohi pad shamil the jo ab CAPFs ke naam se jaane jaate hain 2011 me sirf nomenclature change hua: BSF, CRPF, CISF, SSB, ITBP jaise forces ka naam ‘CAPF’ rakh diya gaya. Lekin Creamy‑layer exclusion ko na to hataaya gaya, na hi narrow kiya gaya .

Advocate Prateek Pal LawRato

623 votes

The Department of Personnel and Training (DoPT) guidelines issued in 1993 excluded children of officers holding the rank of Colonel and above in the armed forces—including paramilitary forces—from reservation quotas, classifying them as part of the ‘creamy layer’ of Other Backward Classes (OBC) for government appointments. The terminology used at the time—“armed forces including paramilitary forces”—was intended to cover all uniformed services under the Ministry of Defence and the Ministry of Home Affairs engaged in security and defence roles. In 2011, the Government of India reclassified five major paramilitary forces as Central Armed Police Forces (CAPFs), bringing about a formal change in their nomenclature for administrative convenience. Despite the change in nomenclature, the essential functions and the status of these forces—previously considered ‘paramilitary’—remained substantially the same. As a result, the term “armed forces including paramilitary forces” in the original 1993 DoPT order continues to apply to CAPFs even after their renaming. Consequently, children of officers who are serving or have served in ranks equivalent to Colonel and above in CAPFs—such as Commandant, Deputy Inspector General, Inspector General, and higher—are treated as part of the creamy layer and are not entitled to OBC reservation benefits as per the standing DoPT guidelines. This interpretation has been affirmed by clarifications and practice instructions issued in government departments after 2011. The nomenclature change does not alter the substantive meaning of the exclusion; CAPFs, formerly classified as paramilitary, are included within the scope of the DoPT's original order for creamy layer exclusions. If you require further clarification, it is advisable to refer to the latest DoPT circulars and office memoranda, which expressly mention CAPFs and confirm their inclusion under reservation and creamy layer rules. The exclusion applies uniformly to eligible officers regardless of the administrative term used for their service at the relevant date.

Advocate Yuganshu Sharma LawRato