Sc Sets Up Panel To Look Into Kerala Creamy Layer Issue

The commission, to be headed by a retired high court judge, will be constituted under direction of the Chief Justice of the High Court, with four other members chosen from different walks of life, a three-judge bench comprising Chief Justice A M Ahmadi, Sujatha V Manohar and Justice K Venkataswamy said in their judgement. The judgement, followed a petition by the Nair Service Society and K Ramaswamy, challenging the constitutional validity of Kerala Backward Classes Appointment and Service Conditions Act 1992, passed by the state legislature to validate the governments declaration that there was no creamy layer and all backward classes were among the poorest of the poor and were eligible for reservations.

 

The validation came after the apex court issued a suo motu contempt against the state government for failure to identify the creamy layer from among the backward classes, as per the Mandal judgement, within six months of creation of an official level committee. In its judgement yesterday, the court said as it intends to get information regarding creamy layer through a court commission to satisfy itself that there was no creamy layer as claimed by the state, it was keeping the petition on constitutional validity of the act as well as contempt proceedings pending.

The judges said the commission will investigate whether a creamy layer existed among the designated other backward classes in the light of an apex court judgement on the Mandal commission recommendations, making it mandatory for state governments to undertake this exercise by means of an official committee.

The court directed the Chief Justice of the High Court to draw up the terms of reference of the commission.

The state government would meet all expenses of the commission, the judges said.

The court directed a copy of the office memorandum of the government of India, issued in September 1993 in pursuance of the Mandal judgement regarding identification of the creamy layer, should be sent to the commission as soon as possible.