New Delhi, February 10 The Supreme Court on Tuesday directed the Centre to file its response to pleas seeking a directive to lay down criteria for excluding the upper strata of Scheduled Castes and Scheduled Tribes from benefiting from reservation in admissions and public employment.
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and N V Anjaria was hearing the petitions filed by O P Shukla and the Samta Andolan Samiti seeking the enforcement of the landmark judgment of August 1, 2024, on reservation.
It directed the Centre to file its response and stated that the pleas would be taken up after some time.
The principle of excluding the upper strata was established in the famous Mandal Commission judgment, under which affluent individuals from the OBC (Other Backward Classes) were barred from accessing quota benefits in admissions and jobs.
In a landmark verdict, a seven-judge constitution bench headed by then Chief Justice D Y Chandrachud, by a majority of 6:1, held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes (SCs), which form a socially heterogeneous class, for granting reservation for the uplift of castes that are socially and educationally more backward among them.
Justice B R Gavai (since retired), who was also part of the majority opinion, had held that the "finding of M Nagaraj, Jarnail Singh and Davinder Singh to the effect that the creamy layer principle is also applicable to Scheduled Castes and Scheduled Tribes lays down the correct position of law".
Relying on the judgment, Shukla sought a direction to the Centre and the states to "comply with the directions laid down by the 7-judge constitution bench in State of Punjab & Ors. v. Devender Singh & Ors. 2024 INSC 562 dated 01.08.2024".
"Direct the Union of India and respective States to collect data on the inadequacy of representation of sub-classified Scheduled Castes and Scheduled Tribes in the 'services of the Union/State' vis-a-vis the larger Class of Scheduled Caste/Scheduled Tribe," the plea said.
One of the pleas also sought a direction to the Centre and states to "lay down the objective criteria for excluding the upper strata from the SCs, and STs for the purpose of affirmative action".
It also sought to fix a timeframe to address the more 'disadvantaged' status of the sub-group of SCs and STs to which such preferential treatment is sought to be provided.