SC: Creamy layer a necessary bargain

Although the state was constitutionally empowered to enact affirmative action measures for backward classes, the court said 8220;differentiation or classification for special preference must not be unduly unfair for the persons left out of the favoured groups8221;.

Taking note of the contention of anti-quota propagandist that the policy of reservation cannot be and should not be intended to be permanent or perpetuate backwardness, the Bench said, 8220;It remains to be examined whether a different form of preferential treatment other than quotas could be employed as at some stage an affirmative action concept can be focused in this direction also.8221;

The court brushed aside the argument of the Centre that the number of seats available for General Category students was not affected and said 8220;that is really no answer to the broader issue8221;.