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Court to re-hear plea on ‘creamy layer’

JAIPUR: The Rajasthan High Court has admitted for re-hearing a writ petition seeking exclusion of “creamy layer” among the Scheduled Castes and Scheduled Tribes from the purview of reservation in employment and education, following an order of the Supreme Court.

The petition, moved by Akhil Bharatiya Meena Sangh and Babu Jagjeevan Ram Samta Andolan, has sought introduction of the creamy layer’s provision in the quota for SCs and STs on the lines of Other Backward Classes, saying the rich and powerful among SCs/STs do not need reservation.

The High Court had in February 2005 disposed of the writ petition without entering into its merits, while observing that the relief sought by petitioners could not be granted by the court. “The petitioners, if so desire, may either take this matter to the Parliament or any other forum,” said the court.

One of the petitioners challenged the order in the Supreme Court through a special leave petition. The apex court set aside the High Court’s order in March this year and remitted the case back to the High Court for being decided afresh on merits.

A Division Bench of the High Court comprising Justice R. M. Lodha and Justice Mohammed Rafiq restored the writ petition for reconsideration and re-hearing recently and listed the matter for November 22. The court is likely to issue fresh notices to the Central and State Governments on the next date of hearing.

Petitioners’ counsel Chetan Bairwa said here on Saturday that certain sections among SCs/STs were taking away all benefits of reservation while the poor and underprivileged people were being deprived as they had to compete with those already taking full advantage of the quota facility.

Mr. Bairwa has contended in the petition that the exclusion of creamy layer from the reservation benefits would only serve the cause of Article 16(4) of the Constitution empowering the State to provide reservation to backward classes of citizens not adequately represented in the Government services.

“The creamy layer in SCs/STs today is neither backward nor has inadequate representation in jobs,” said Mr. Bairwa, adding that the present reservation policy had become impractical and warranted drastic reforms.

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