JD(U) condemns exclusion of creamy layer, demands JPC to review it

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New Delhi, Apr 11 (UNI) Terming as ''unjustified and deplorable'' the exclusion of creamy layer from the OBC reservation quota by the Supreme Court, Janata Dal (United) President Sharad Yadav today demanded constitution of a Joint Parliamentary Committee to review the issue and hold caste census.

Condemning the apex court judgement, Mr Yadav told mediapersons here that because of the creamy layer the quota policy under Mandal Commission recommendation has not benefitted the OBCs in getting due representation in government services. After implementation of the quota since 1994, the share of OBCs in the government service has in fact decreased, he said and pointed out that this has been revealed in a report of the Home Ministry. The Supreme Court judges were provided the fact sheet about it.

''It is very unfortunate that Supreme Court has ignored the fact about the implementation of OBC quota in services and introduced the creamy layer provision in quota for higher educational institutions as well. By this order the SC has taken away what Parliament has given to the OBCs. I condemn this judgement. By the provision of creamy layer even children of clerks and peons who are earning more than Rs 2.5 lakh annually are being deprived the benefit of reservation,'' he said.

Asserting that there was no provision of creamy layer in the Constitution, he said it was the ''invention'' of the Supreme Court.

He called upon the government to constitute a Joint Parliamentary Committee to review the functioning of the provision of the Creamy Layer in OBC quota.

''Constitution wants to ensure adequate representation to all backward classes of citizens of India in government jobs and services, while the creamy layer provision has denied the backward classes adequate share in the government. In other words, an invention of Supreme Court i.e creamy layer is working against the spirit of our Constitution. A JPC must review the implementation of OBC quota in last 14 years,'' he said.

Mr Yadav also demanded that the government must hold caste census in 2011 to update caste data so the Supreme Court's directive regarding periodic review of OBC caste list could be done. Data pertaining to the caste must be obtained from that census so that we know which backward caste is more than adequately represented in government jobs and services and deserve to be excluded from the OBC list.


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