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Reservation in Karnataka
March 27 , 2020
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- 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.
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