Creamy layer concept does not apply to SC/STs, Centre to Supreme Court

The Centre today submitted before the Supreme Court that the concept of creamy layer does not apply to persons belonging to the Scheduled Caste and Scheduled Tribe communities (SC/ST)..Centre was replying to a petition filed by certain persons belonging to SC, ST communities seeking exclusion of creamy layer from availing benefits accorded to SC/STs..Additional Solicitor General PS Narsimha, appearing for the Centre, told a Bench comprising Chief Justice Dipak Misra and Justice AM Khanwilkar that the concept of creamy layer does not apply to the SC/STs..The Centre, thus, made it clear that it will not tinker with the benefits which are being accorded to SC/STs..Advocate Gopal Sankarnarayanan appeared for the petitioners..The petitioners have contended that benefits of reservation and other government schemes accorded to SCs and STs are not percolating down to the people who are in actual need of the same, because the creamy layer in these communities are siphoning off the reservation benefits given to them by the State and Central governments..It is the petitioners’ contention that the uplifted/affluent and advanced sections of the SC/ST communities snatch away the maximum benefit. Further, 95 per cent of the members of these communities are in disadvantageous positions and are still without any benefit of reservation and Government Schemes..The petitioners have prayed for a direction to be issued to the Respondents to exclude the creamy layer from availing benefits meant for the SC/STs..The Court had sought the Centre’ s response during the last hearing..The Centre will now file a detailed response in the matter. The case will now be taken up in the month of July..The Delhi High Court had recently ruled that certain criteria for determining the creamy layer among Other Backward Classes is without rationale or justification.