SC on Mandal Comm case:Exclusion of creamy layer only for OBCs

New Delhi, Nov 24 (UNI) The Supreme Court today clarified that the Indira Sahni case popularly known as the Mandal Commission case talks of applicability of exclusion of creamy layer only among the OBCs and not the Scheduled Castes and Scheduled Tribes.

The remark was made by Chief Justice Y K Sabharwal, while dismissing a writ petition seeking directions to the government to enforce the office memorandum dated September 8, 1993, issued by the Union government, saying the principle of exclusion of creamy layer would not apply to artisans and those involved in hereditary professions like skinning the dead animals.

A three judge bench comprising the Chief Justice, and Justices C K Thakker and R V Ravindaran asked the counsel for the petitioner "can an office memorandum overwrite the judgements of this court?" The court, in its order, said "we find no merit in the petition and the same is accordingly dismissed''. It also reprimanded the court registry for filing a misleading office report.

Earlier, counsel for the petitioner contended before the court that the office memorandum, never challenged in the past, still remains on the statute and hence it must be implemented.

UNI/AKS/SC AKJ BS1254