SC/ST creamy layer exclusion from quota: Centre seeks review, says refer matter to 7-judge bench
New Delhi: The Centre on Monday urged the Supreme Court that its 2018 verdict excluding the creamy layer within the SC/ST community from reservation benefits be referred to a seven-judge bench for review.
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.
A bench headed by Chief Justice S A Bobde, which was hearing a batch of PILs on the issue, said the question whether the aspect of exclusion of creamy layer among SC/ST can be referred to a larger bench or not will be dealt with after two weeks.
The fresh petition has been filed by Samta Andolan Samiti and one O P Shukla, a former IAS officer.
One of the PILs has sought a direction to “evolve an objective and rational test for identification of the creamy layer among SC/STs and separating the same from the non-creamy layer SC/ST”.