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Friday, December 13, 2019

Creamy layer’s exclusion from SC/ST quota: Centre seeks 7-judge bench review of 2018 verdict

A five-judge Constitution Bench in 2018 had held that the well-off members of the Scheduled Castes and Scheduled Tribe communities, who are also termed creamy layer, cannot be granted the benefits of reservation in college admissions and government jobs.

By: Express Web Desk | New Delhi | Updated: December 2, 2019 5:01:27 pm
Supreme court on quota, supreme court on reservations, sc on sc st reservation, creamy layer in sc st reservation, sc on sc st quota The matter will be taken up for hearing after two weeks.

The Supreme Court Monday agreed to hear Centre’s petition to review its 2018 Supreme Court verdict that excluded creamy layer within Scheduled Cast/Scheduled Tribes communities from reservation benefits. Appearing for Centre in the apex court, Attorney General K K Venugopal said the SC/ST quota matter be referred to a 7-judge Constitution bench. The matter will be taken up for hearing after two weeks.

A five-judge Constitution Bench in 2018 had held that the well-off members of the Scheduled Castes and Scheduled Tribe communities, who are also termed creamy layer, cannot be granted the benefits of reservation in college admissions and government jobs.

Applying the creamy layer principle to promotions for Scheduled Castes and Scheduled Tribes in government jobs, the Supreme Court had declined to refer to a larger bench its 2006 verdict on the matter. It ruled that states no longer need to collect quantifiable data on the backwardness of SCs and STs in granting quota in promotions, but will have to back it with data to show their inadequate representation in the cadre.

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