Raj HC seeks explanation on creamy layer concept

The Rajasthan High Court has asked the state government to explain as to why the concept of creamy layer cannot be made applicable in benefits extended under reservation to Scheduled Caste and Scheduled Tribe categories.

A bench of Justice Gopal Krishan Vyas in Jodhpur sought the explanation from the Advocate General on a petition filed by one Anil Barupal and others seeking a direction to the state government to determine correct quota of SC and ST for appointment on the posts of physical teacher Grade-II.

It was argued that like OBCs the creamy layer candidates in SC and ST category should also not get benefit of reservation.

"In the opinion of this court the provision for reservation extended to SC and ST is a constitutional mandate and cannot be questioned before this forum," Justice Vyas said.

"However, there is substance in the argument that benefit of reservation is in fact reaped by the well to do and economically sound strata in the reservation category of SC and ST and the actual benefit is not reaching members of these categories who are downtrodden, backward and struggle for basic survival as such the Advocate General is required to assist as to why the creamy layer concept be not introduced in reservation of SC and ST also," the court said.

The creamy layer is a term so far used to refer to relatively wealthier and better educated members of the Other Backward Classes (OBCs) who are not eligible for government sponsored educational and professional benefit programs.

The term was introduced by the Sattanathan Commission in 1971, which directed that the "creamy layer" be excluded from reservations of civil posts and services granted to OBCs.