Posted on 23rd August 2011No Responses
Exclude 'creamy layer' from quota, apex court urged
New Delhi, Aug 23 (IANS) The Supreme Court Tuesday issued notices to
the central and state governments on a petition seeking exclusion of
the 'creamy layer' from the reserved category so that the most
backward Dalits and tribals could get the benefits of reservation.
Petitioner O.P. Shukla, a retired Dalit government official, sought a
review of the list of the Scheduled Castes and Scheduled Tribes to
ensure equitable distribution of benefits of reservation.
He sought the exclusion of Chamar, Mala, Mahar, Meena, Dusad and Dhobi
communities from the list.
Shukla, who belongs to the Balmiki community, retired in 2009 from the
income tax appellate tribunal as member-judicial.
The petition said the exclusion of the 'creamy layer' from the
reserved category was in tune with the recommendations of various
commissions and committees set up for purpose and also the law laid
down by the apex court.
The apex court bench of Justice R.V. Raveendran and Justice A.K.
Patnaik issued the notices after senior counsel R. Venkataramani
sought the defining of the power, scope, and ambit of Articles 341 and
342 of the constitution, that deal with the inclusion of a caste or
tribe in the scheduled list.
The petitioner also sought the court's direction to the central
government and states for an equitable distribution of the share of
reservation among 99 percent of the most backward Dalits and tribals.
Shukla has sought the implementation of the 1965 Lokur Committee
recommendations for the periodic review of the list of SC/ST.
This exercise has already been undertaken by Punjab, Haryana and
Andhra Pradesh, he said.
He said the central and state governments had failed to exclude the
'creamy layer' from the reserved list.
The petition said that the reservation policy had been implemented in
a 'lop-sided' manner by the government, thereby benefiting a few
groups and leaving out 99 percent of the targeted people.
Shukla said that 1,677 communities belonging to SC/ST – about 99
percent of the total Dalit and tribal population – have largely
remained untouched by the benefits of reservation.
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