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Appointments by Kerala will be protected: apex court

Legal Correspondent

Prior to the February 23 judgment on `creamy layer'

NEW DELHI: The Supreme Court on Monday clarified that appointments made by the Kerala Government prior to the `February 23 judgment on creamy layer' would remain protected.

Justice S.B. Sinha and Justice Markandey Katju passed the order on an application by the Kerala Government seeking clarification of the February 23 judgment setting aside the report of the Justice Narendran Commission on `creamy layer.' Earlier, senior counsel T.L. Vishwanath Iyer, appearing for Kerala, informed the court that the State Government had appointed the Rajendra Babu Commission in pursuance of the judgment. He said till such time this Commission submitted its report, the State should be permitted to fix Rs.2.50 lakh as the income criterion for excluding creamy layer and make appointments on this basis.

The Bench said: "We will not do anything in a matter of clarification. The State of Kerala's problems are its own creation. You ask the new Commission to submit its report on the income aspect.

"If we say something, it will amount to interference with the jurisdiction of the Commission. We can't do that."

Counsel Krishnan Venugopal, who appeared for the Nair Service Society (NSS), said while appointments already made could be protected, future appointments should be made only on the basis of the February 23 judgment.

Notification set aside

On February 23, the apex court had set aside a notification issued by the Kerala Government providing quotas for jobs and educational institutions by including the `creamy layer' categories within the quotas. The notification was issued on May 27, 2000, accepting the recommendations of Justice K.K. Narendran Commission.

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