Exclusion of SC/STs From 'Creamy Layer': Modi Government Seeks Review of Supreme Court's 2018 Judgment
File image of Supreme Court (Photo Credits: IANS)

New Delhi, December 2: The Narendra Modi government on Monday asked the Supreme Court to revisit its judgment of excluding creamy layer from reservation benefits given to scheduled castes and scheduled tribes. Attorney general KK Venugopal told the top court to refer the matter to the seven-judge bench to revisit its judgment in the 2018 Jarnail Singh case. Upper Caste Reservation: Rajasthan Notifies 10 Per Cent Quota in Government Jobs.

The apex court, while hearing the plea pronounced that in promotions, the principle of the creamy layer should be applied to SC/ST communities for reservation. This verdict was based on the judgment given 12 years back in 2006. The Supreme Court, in 2006, had said that promotions could be guaranteed to SC and ST employees only if the government provides data to support its decision. HC Throws out TN Govt Quota in Promotions, Seniority.

In 2018 also, the top court had turned down the request for a larger bench to revisit the 2006 verdict. However, it ruled that the government was required to provide “quantifiable data” for provided affirmative action to the SC/STs.

The Centre is pushing for restoring quotas in promotions for SCs and STs. The government is of the opinion that these communities suffered social inequalities for many years so they should be provided with reservations in promotions in the public services.