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MP's plea on wrong presumption dismissed

Legal Correspondent

New Delhi: The Supreme Court on Friday rejected a public interest petition filed by a Maharashtra MP seeking exclusion of certain communities engaged in hereditary occupations from the purview of the creamy layer among the Other Backward Classes.

A Bench comprising Chief Justice Y.K. Sabharwal and Justices C.K. Thakker and R.V. Raveendran told counsel that the petition was filed on a wrong presumption of the 1993 office memorandum. It pertained only to the Scheduled Castes and the Scheduled Tribes and was not applicable to OBCs. "There is no law which said any of the OBCs is excluded from the creamy layer. The moment you start creating a class within a class deserving candidates will be deprived of reservation. It would go against the quota policy. The averments are against the basis on which the quota policy is based. We won't interfere."

Haribhau Rathod, MP from Yavatmal, sought exemption from operation of the creamy layer rule for those engaged in other hereditary occupations.

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