The Supreme Court has rejected the pleas seeking exclusion of creamy layer or better-off individuals among Scheduled Castes (SC) and Scheduled Tribes (ST) communities at the entry-level when it comes to the reservation in promotions.
The applications were filed in the BK Pavitra case.
The Act enacted by the Karnataka government provides, among other things, for consequential seniority to persons belonging to SC and ST categories promoted under the reservation policy of Karnataka.
Consequential seniority enables reserved category candidates to retain their seniority for subsequent promotions.
The Act was a valid exercise of power by the government under Article 16 (4A) which empowers the state to provide reservations to SC/STs in matters of promotion.
The ‘means-test and creamy layer’ first finds expression in the Supreme Court’s landmark judgment in Indra Sawhney versus Union of India, delivered by a nine-judge Bench on November 16, 1992.
‘Creamy layer’ are “some members of a backward class who are highly advanced socially as well as economically and educationally.