DIMAPUR, SEPTEMBER 27 (MExN): The Supreme Court has said that a "creamy layer test" would apply if reservations in promotion are given to the SCs and STs.
A constitution bench headed by Chief Justice of India Dipak Misra said this was required to prevent the creamy layer amongs SCs and STs from bagging all the coveted jobs in the public sector.
The bench ruled that while the Presidential Lists may include any group or community as SC or ST, the principle of creamy layer can be applied by a court on the touchstone of equality among the same group or sub-group. It further said that a constitutional court is empowered to strike down any reservation meant for a creamy layer among the most backward classes.
“The whole object of reservation is to see that backward classes of citizens move forward so that they may march hand in hand with other citizens of India on an equal basis. This will not be possible if only the creamy layer within that class bag all the coveted jobs in the public sector and perpetuate themselves, leaving the rest of the class as backward as they always were," noted the bench.
It further made clear that application of the creamy layer principle to Scheduled Castes and Scheduled Tribes does not in any manner tinker with the Presidential List under Articles 341 or 342 of the Constitution of India.
“The caste or group or sub-group named in the said List continues exactly as before. It is only those persons within that group or sub-group, who have come out of untouchability or backwardness by virtue of belonging to the creamy layer, who are excluded from the benefit of reservation,” added the bench.
