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To exclude the affluent members of the Scheduled Caste and the Scheduled Tribe from getting the benefits of a reserved category a plea has been filed before the supreme court. The supreme court will hear the same and decide whether the SC/ST will be included in creamy layer or not.
The petition will be heard by the Chief Justice of India, Dipak Mishra as it is stated in the plea that the rich persons among the people of SC/ST category are taking all the benefits of the reservation and the people who are actually poor in these categories are deprived of benefits which they were supposed to reap from this reservation. The plea has been filed in light of the poor conditions of the people of SC/ST category for whom this reservation was actually created and taking away the benefits by the creamy layer of the said category.
The plea for the first time has introduced the concept of creamy layer in the category of SC/ST. However, in the Mandal case, the nine-judge bench held the reservation of OBC category held and further held that the reservation shall not be granted to the creamy layer of the OBC category. This judgment only considered the creamy layer of OBC and not of SC/ST category.
The present petition has been filed by Samta Andolan Samiti through Advocate Shobhit Tiwari. The Samiti represents the poor people of SC/ST category in the Rajasthan and they want the rich people of the SC/ST category (creamy layer) should be excluded from reservation.
The reference has been made to the precedent set in case of M.Nagraj wherein it was held that valuation of assets of individuals should be taken into consideration to exclude creamy layer from the benefits of reservation.
It has been alleged in the plea that because of the creamy layer the 95% of members of SC/ST category are at a disadvantage. It further alleges that no caste remains homogeneously backward throughout therefore only who are actually poor in these categories are constitutionally entitled to get the reservation benefits given by both state and central government and the same should not be siphoned off by the creamy layer.