NEW DELHI, SEP 11 (PTI)
The Supreme Court today sought a response from the Tamil Nadu Government on a petition seeking to exclude the creamy layer among Scheduled Castes and Scheduled Tribes from taking benefit of reservation for admissions to educational institutions and employment opportunities.
A Bench comprising Justice A K Mathur and Justice Altamas Kabir issued notice to the state Government on a PIL filed by an NGO, VOICE (Consumer Care Council) seeking to forbid it from applying the existing reservation policy without excluding the creamy layer from among the backward classes.
The NGO submitted that the Tamil Nadu Government was not following the apex court directives as delivered in the Mandal case by which government had to apply the relevant and requisite socio-economic criteria to exclude socially advanced sections, ie "creamy layer" from OBCs.
"It is necessary to state that Tamil Nadu by not identifying the creamy layer for more than one decade literally affected the reservation of the needy lower strata of the society," the PIL said.
The NGO in its PIL referred to a petition in which the state government's legislation providing 69 per cent reservation has been challenged and is pending before a Constitution Bench.
The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational institutions and of appointment or posts in the services under the state Act, 1993 provides 69 per cent reservation.
The PIL said it was contrary to the apex court directives in the Mandal case which said reservation should not exceed 50 per cent.