Exclusion of the SC/ST cream layer from the fee: the center seeks a review, says refer the matter to the bank of 7 judges

NEW DELHI: The Center urged the Supreme Court on Monday to forward its verdict last year excluding the cream layer within the SC/ST community of the reserve benefits to a bank of 7 judges for a review.

A bank of the Constitution of 5 judges in 2018 argued that affluent members of the programmed caste communities (SC) and programmed tribes (ST) cannot receive the benefits of the reserve in college admissions and government jobs.

The superior court in the Jarnail Singh case had said that the constitutional courts in the implementation of the reserve principle will be within their jurisdiction to exclude the creamy layer of such groups or subgroups from the benefits of fees by applying the principle of equality.

A bank composed of the President of Supreme Court SA Bobde and Judges BR Gavai and Surya Kant noted the presentations by Attorney General KK Venugopal, who appeared for the Center, that the matter should be referred to a bank of 7 judges as the exclusion principle of the creamy layer. applicable to SC and ST.

This is a very emotional topic. I want this aspect to be referred to a larger bank of seven judges, since the principle of the cream layer cannot be applied to these categories, said the highest law enforcement official.

The principle distinguishes between the well-off people of the disadvantaged sections because they disagree with the benefits of the fee and currently, it applies to late classes in compliance with the sentence of 9 judges in the Sawhney case, also known as the Mandal case. .

The main defender Gopal Sankaranarayan, who appears for 'Samta Andolan Samiti', opposed the presentations.

Meanwhile, the bank, which resolved the hearing requests after two weeks, issued notices to the Center and the SC National Commission about a new PIL presented by OP Shukla, Chairman of the National Coordination Committee for Policy Review of Reservations' and ML Sarwan, a former IAS officer, on the subject.

The PIL has sought the adequate distribution of the benefits of affirmative action for truly needy and deserving SC/STs after identifying and eliminating those who, after enjoying a prolonged and continuous benefit of the reserve, are no longer identified as classes backward among communities.

Issue a court order to the Government of India to amend the Order of the Constitution (scheduled castes) of 1950 and the Order of the Constitution (scheduled tribes) of 1950, issued in the exercise of power conferred by articles 341 and 342 of the Constitution after evolving and undertaking an objective and rational test for the identification of the cream layer between the SC and ST and the separation of it from the non-creamy layers SC/ST ..., said the statement.

The statement said that so far, governments have not identified the cream layer between the SC/ST and, as a result, the well-off people of these communities have taken advantage of the fee benefits at the expense of disadvantaged members of the same groups. .

He said the appeal was limited to the quota granted to the SC and ST in government work and admissions in public educational institutions.

The higher court, in its September ruling last year, had paved the way for the granting of quotas for promotions in government work to SC and ST and maintained that the states were not obliged to collect quantifiable data reflecting the delay between these communities.

The matter had traveled to a bank of the Constitution of 5 judges, which rejected the demand to refer it to a bank of seven judges to reconsider its 2006 trial that had put certain conditions to grant quota benefits in job promotions for employees of SC/ST.

The cusp court had clarified that there was no need to review its 12-year verdict in the M Nagaraj case that said states were required to provide quantifiable data on the delay of SC/ST, the facts about their inadequate representation in jobs of government and general administrative efficiency, before providing them with a fee on promotions.