SC tells Tamil Nadu to exclude creamy layer from reservation
New Delhi, Sep 11 (UNI) The Supreme Court today issued notices to Tamil Nadu on a petition seeking direction to the state to identify and exclude the creamy layer from the benefit of reservation which is available to other backward classes(OBCs).
A bench comprising Justices A K Mathur and Altamas Kabir issued notices after hearing counsel for Voice, petitioner NGO, who contended that Tamil Nadu had not implemented the directions of the Supreme Court given in Mondal Commission judgement to identify and exclude the creamy layer that is economically, socially and educationally advanced section of OBC from the benefit of reservation, in employment as well as in admission to educational institutions.
The Apex Court, in its judgement of Indira Sawhney Vs Union of India, popularly known as Mandal case, had directed all the states and Union Territories to identify the creamy layer amongst OBCs within six months and exclude them from the benefit of reservation.
As the basis of providing reservation was the economic, social and educational backwardness of the OBCs, the creamy layer does not fall in that category.
Tamil Nadu provides 69 per cent reservation as against the upper limit of 50 per cent set by the Supreme Court.
UNI AKS/SC SAM RP HT1455