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A Bench headed by the CJI Dipak Misra has asked for the Union Government’s stance on a PIL that sought to exclude creamy layer from reservation in jobs or education sector. Referring to the wealthier and well educated groups among the SC/ST groups, the PIL sought to exclude the rich from the benefits of reservation to ensure that the benefits go to the poor and needy. Filed by Samta Andolan Samiti which represents the Scheduled Caste and Scheduled Tribe and nine individuals belonging to the SC/ST community, the petition claimed that ‘the creamy layer in the Scheduled Caste and Scheduled Tribes Communities are siphoning off of the reservation benefits given to them by the State Government as well as the Central Government’. Stressing on the need for exclusion, the PIL stated that such inclusion of the creamy layer violates their rights under Article 14, 16 and 21 of the Constitution of India that guarantee the fundamental right of equality and social justice to all citizens of India. These rights are supposed to include the protection of the actual backward and deprived class within the SC/STs, stated the petition. The petitioners relied on the observations of the Hon’ble apex Court in Indra Sawhney v. Union of India to contend that the reservation must reach the poorest and weakest section of the Class. It is pertinent to note that in Indra Sawhney case, the Supreme Court has earlier recommended the exclusion of creamy layer from the list of OBC.
The Bench has listed the matter for hearing after 2 weeks.
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