Should those who moved up due to reservation continue to avail it, asks Supreme Court

The bench, also comprising Justice Ujjal Bhuyan, was hearing an appeal against a Karnataka High Court judgment which had upheld the exclusion of the appellant Raghavendra Fakeerappa Chandranavar from reservation saying he fell in the creamy layer as both his parents were state government employees.

Though he belonged to the backward class Kuruba community, the District Caste and Income Verification Committee refused to issue him a caste validity certificate after his family income was assessed at about Rs 19.48 lakh annually — more than the threshold prescribed for creamy layer.

Appearing for the appellant, Advocate Shashank Ratnoo contended that for government servants, the creamy layer depends on the status of the parents, whether they belong to Group A or Group B services, and not just the salary income.

Treating salary alone as the criteria would keep many low-ranking government employees out of the reservation net, he said.

But Justice Nagarathna pointed out that social mobility also comes with a rise in economic status.

She said, “There has to be some balance. Socially and educationally backward, yes, but once the parents have attained a level because of taking advantage of reservation, if they are both IAS officers, both are in government service, they are very well placed. Social mobility is there. Now they are questioning the exclusion. This also has to be kept in mind.”

The court issued notice in the matter.

Former Chief Justice of India (CJI) B R Gavai, too, had expressed similar views wondering how his own children or those of an IAS officer can be compared with the less privileged among the backward classes.

In a 6:1 ruling, an SC bench headed by the then CJI D Y Chandrachud, had, on August 1, 2024, held that Scheduled Castes can be sub-classified for the purpose of providing reservation to the less-privileged among them.

Justice Gavai (who subsequently went on to become the CJI), who was part of the bench, also ruled that creamy layer among SCs be kept out of reservation benefits.

Justice Gavai said in his ruling that “categories in the Presidential List who have already enjoyed a major chunk of reservation should not object to the State providing a special treatment to those who have been deprived of such a benefit and particularly when such a benefit is not being taken away from them. Only part of that benefit is being reserved for percolating the same to the more disadvantageous and less represented”.