Wednesday, August 24, 2011

[ZESTCaste] SC to hear PIL for excluding affluent among SC and ST from quota

SC to hear PIL for excluding affluent among SC and ST from quota
PTI | Aug 23, 2011, 07.14PM IST

Read more:Supreme Court|SC and ST from quota|Lokur Committee
NEW DELHI: The Supreme Court on Tuesday agreed to hear a PIL seeking
to bring "advanced and affluent" Scheduled Castes and Scheduled Tribes
out of the purview of reservation and sought a response from the
Centre and all state governments on this issue.

A bench headed by Justice R V Raveendran issued notices to the Centre
and state governments seeking their response to introduce concept of
creamy layer for SC and ST reservation.

The bench passed the order on a petition filed by a retired officer of
Indian Legal Services seeking the court's direction to exclude
advanced and affluent Scheduled Castes and Scheduled Tribes from the
ambit of reservation.

O P Shukla, who himself belongs to Scheduled Caste, submitted
"benefits of reservation are not percolating down to the real and
genuine beneficiaries.

"Various government studies and reports found that the benefits were
not percolating down to real and genuine beneficiaries. So, the
purpose of reservation stands defeated," senior advocate Balaji
Srinivasan, appearing for the petitioner contended.

He referred to various surveys conducted by state governments pointing
out that there are affluent castes within SC and ST.

"As early as 1965, the Lokur Committee recommended exclusion of
certain advanced castes/tribes. It was also pointed out by the
committee that vested interests had emerged within SCs and STs as a
result of concessions given to them," the petition said.

"The Centre is unjustified in not extending the principles of creamy
layer to Scheduled Caste and Scheduled Tribes in spite of various
decisions of the apex court," it said.

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