Creamy layer among SCS/STS: Need to exclude from quota benefits?
In India, reservation on the basis of caste has been deeply rooted that cannot be eliminated. As per the judgment of Supreme Court of India in Indira Shawney v. Union of India famously known as Mandal Commission Case, court held that the reservation cannot be more than 50%, Hon’ble Court fixed the reservation criteria i.e., for OBC 27%, SC 15% and 7.5% for ST. For reservation in OBC court applied the rule of creamy layer, which means whose parents are gazette officer/ first class officer/IAS/IPS/IFS etc. or having annual income more than 6lakhs, their children’s are not entitled to get the benefit of reservation in matters of public employment or admission in educational institution and that candidate must be considered as a general because he has already been uplifted and their parents have sufficient means to look after him. In the matter of reservation for SC and ST, the provision of creamy layer has not been applied to them, which resulted in deteriorating effect of the importance of reservation. Real essence of the reservation is to uplift the downtrodden but not to give special privilege to the elite class. Therefore, in this research paper our main focus is on the implementation of the creamy layer provision in the reservation policy for SC/ST.