Supreme Court to review if affluent among SC/ST really need quota

Mangaloretoday News Network

New Delhi, March 28: Supreme Court bench led by Justice Dipak Misra has asked the central government to file affidavit stating its stand in the issue.

Do you support exclusion of the creamy layer, that is relatively wealthier or well-educated, among SC/ST tribes in matters of providing reservation in jobs and education sector?

This is what the Supreme Court has asked the Centre. Bench led by Chief Justice Dipak Misra has asked the Modi government to file an affidavit stating their stand on the issue raised by a public interest litigation (PIL). A plea was filed by Samta Andolan Samiti, the umbrella body of general and OBC government employees and nine people belonging to the SC/ST community.

Advocate Gopal Sankaranarayanan, who appeared for the petitioners, sought introduction of the creamy layer concept in SC/ST reservation to keep the rich among them out to ensure that the benefits go to the poor and the needy.

Due to non-application of concept of creamy layer in SCs and STs, the actually backward and deprived members of the SCs and STs are having a heart burning that uplifted/affluent and advanced portion of castes included in SCs and STs are taking away the benefits, which are actually designed for them, the lawyers argued.

"The petitioners prefer this writ petition (PIL) under Article 32 of the Constitution of India. The petitioners are the residents of the state of Rajasthan and belong to the poor and downtrodden strata of the Scheduled Caste and Scheduled Tribes community. Thus, the petitioners are approaching this Hon’ble court for protection of their fundamental rights as the creamy layer in the Scheduled Caste and Scheduled Tribes Communities are siphoning off the reservation benefits given to them by the state government as well as the Central government," said the plea.

"The benefits of reservation policy are not percolating to the people, who are in actual need of the same," it said.