Exclusion of creamy layer from SCs, STs: Top court hear matter after 2 weeks

The Supreme Court on Monday posted after two weeks hearing of a plea after Attorney General KK Venugopal urged the court to refer to the 7-judge bench the issue raised in the plea relating to exclusion of creamy layer from Scheduled Castes and Scheduled Tribes community for benefit of reservations.

A Bench headed by Chief Justice SA Bobde said it will hear the plea after two weeks.The petitioner prays the top court to "issue a writ, order or directions in the nature of mandamus to the Respondents Government of India (specific reference to President of India) to amend The Constitution (Scheduled Castes) Order, 1950 and The Constitution (Scheduled Tribes) Order 1950 issued in exercise of power vested under Articles 341 and 342 of the Constitution of India after evolving and undertaking an objective and rational test for identification of the creamy layer amongst the SCs/STs and separating the same from the non-creamy layer SCs/STs with respect to affirmative action/reservation law made under Articles 14, 15 and 16 of the Constitution of India."

The petition urged the top court to "issue a writ, order or directions in the nature of mandamus to the Respondents to formulate a 'means test' for identification of 'creamy layer in Scheduled Caste and Scheduled Tribes' under Articles 15(4) and 16(4) of the Constitution."

"Issue a writ, order or directions in the nature of mandamus to the Respondents to identify 'creamy layer in Scheduled Caste and Scheduled Tribes' and exclude the same from receiving benefits under Articles 15(4) and 16(4) of the Constitution," it added.

It also sought Supreme Court to "pass such other order(s) or direction(s) as this court may deem fit and proper in the facts and circumstances of the case and in favour of the petitioner.