Supreme Court to hear PIL on introducing creamy layer in SC & ST reservation
Source: Hueiyen News Service
Imphal, August 23 2011:
The Supreme Court on Tuesday agreed to hear a PIL seeking to bring "advanced and affluent" Scheduled Castes and Scheduled Tribes out of the purview of reservation and sought a response from the Centre and all State governments on this issue.
A bench headed by Justice RV Raveendran issued notices to the Centre and State governments seeking their response to introduce the concept of creamy layer for SC and ST reservation.
The bench passed the order on a petition filed by a retired officer of Indian Legal Services seeking the court's direction to exclude advanced and affluent Scheduled Castes and Scheduled Tribes from the ambit of reservation.
OP Shukla, who himself belongs to the Scheduled Caste, submitted "benefits of reservation are not percolating down to the real and genuine beneficiaries.
"The purpose of reservation stands defeated," senior advocate Balaji Srinivasan, appearing for the petitioner contended.
He referred to various surveys conducted by State governments pointing out that there are affluent castes within the SCs and STs.
"As early as 1965, the Lokur Committee recommended exclusion of certain advanced castes/tribes.
It was also pointed out by the committee that vested interests had emerged within SCs and STs as a result of concessions given to them," the petition said.
"The Centre is unjustified in not extending the principles of creamy layer to Scheduled Caste and Scheduled Tribes in spite of various decisions of the apex court," it said.
"The governments are unjustified in not implementing the Lokur Committee's recommendations which had suggested exclusion of advance castes/tribes from the Schedule," the petitioner said.