The Supreme Court has agreed to hear a petition seeking exclusion of advance and affluent Castes/Tribes of SCs and STs from the purview of reservation policy.

A Bench of Justices R.V. Raveendran and A. K. Patnaik has issued notices to the Centre and state governments seeking their response to introduce concept of creamy layer for SC and ST reservation, according to TOI.

The Bench passed the order while hearing a 100 page petition filed by a former Bureaucrat, O.P. Shukla, seeking exclusion of affluent Castes/Tribes of SCs and STs from the reservation quota. The Petitioner himself belongs to the extremely backward Community/Caste among the Scheduled Caste.

The Petitioner states that various Government studies and reports have eventually found that the benefits were not percolating down to the real and genuine beneficiaries. Resultantly, the intent and purpose of reservation or affirmative action for depressed or disadvantaged class stands defeated. 

According to TOI, Advocate Balaji Srinivasan, appearing for the Petitioner, referred to various surveys conducted by state governments pointing out that there were affluent castes within SC and ST.

The Petitioner submitted that the ‘Reservation Policy’ that has been in force for the last 63 years is lopsided and fewer groups are getting the benefits which has resulted in these groups becoming advanced in all social parameters. In other words these groups no longer require benefits of reservation.

The Petitioner further submitted that it is an established fact that various state governments, as well as the Central Government has conducted various studies for measuring the actual beneficiaries of the Reservation Policy. All the Committees have enormously recommended that there should be the periodic review of Scheduled Castes and Scheduled Tribes requiring reservation. 

It is also been found factually that none of the recommendation of these committees has been implemented thereby playing a fraud on the Constitution and also on its citizens. This has resulted in total and complete violation of Article 14, 15 and 16 of the Constitution of India.

The Petition states that 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 further stated that the Centre was unjustified in not extending the principles of creamy layer to Scheduled Caste and Scheduled Tribes.

The Petitioner has pleaded that Centre and state governments should be directed to take firm steps to review the scheduled or reservation policy and to implement the Lokur committee’s recommendations and to exclude Chamar, Mala, Mahar, Meena, Dusad Passi and Dhobi etc. from the schedule/list.

The Petitioner further prays that the Court directs the Centre and State Governments for equitable distribution of share of Reservation among 99% Ati Dalit castes so as to ameliorate the sufferings of age old Ati Dalits amongst the SCs /STs.

Till now, creamy layer among OBCs are not entitled to the reservation quota but no such stipulation for the SCs and STs have been made yet. This Petition is an attempt to exclude the creamy layer from SC/ST reservation policy. 

Copy of Writ Petition