NEW DELHI: Children of past and present members of Parliament and state legislators should not be eligible for OBC reservations, the National Commission for Backward Classes (NCBC) has recommended.The OBC panel has argued that election to “high offices” like Parliament and state legislatures shows that the said individuals have achieved “social elevation” and “should logically come within the category of creamy layer”.The unambiguous verdict comes in response to an outpouring of complaints that children of elected representatives are getting “non-creamy layer” certificates.The panel has also recommended that wards of a 'Class I' officers in state government or Centre should be excluded from reservation benefits, irrespective of the officer being a “direct recruit” or a “promotee”. Presently, only the “direct recruits” are considered part of the “creamy layer”.“Any Class I officer achieves a higher social status the moment he becomes a Class I officer whether by direct recruitment or through promotion. Promotee Class I officer draws much more salary than the direct recruit,” the NCBC has argued.While legislators in popular understanding constitute advanced sections of backward communities, the schedule of “creamy layer” for Mandal quotas does not mention them under the category of “constitutional posts”.In the absence of a specific mention of “elected offices” in “creamy layer” schedule, experts say 'salary criterion' determines if the child of an MP/MLA deserves reservation benefits.As part of revision of “creamy layer” undertaken every three years, the Commission has proposed a new draft in a letter to the ministry of social justice. It has also recommended, as reported by TOI, that annual salary for exclusion from quota benefits should be raised from Rs 6 lakh to Rs 10.50 lakh.The proposal poses a tricky question for the Centre unless elected representatives voluntarily give up claim on 27% quotas in job and education. While NCBC's advice is not binding on government, the reality appears a bit different after the Supreme Court recently struck down the inclusion of Jats in the OBC list. One of the reasons cited was that the Centre had ignored the advice of the panel.