'Creamy layer in OBC quotas to stay'
The Supreme Court dismisses a PIL seeking exemption of the operation of the 'creamy layer' rule within OBCs.india Updated: Nov 24, 2006 17:32 IST
The Supreme Court on Friday dismissed a PIL seeking exemption of the operation of the "creamy layer" rule within the Other Backward Classes (OBCs) for persons engaged in hereditary occupations.
"The moment you start class out of castes then the benefit of reservation to backward and economically backward classes will be deprived," a Bench headed by Chief Justice YK Sabharwal observed.
Holding that there was no merit in the PIL, the Bench also comprising Justices C K Thakker and RV Ravindran said, "The averments are totally against the basis on which the reservation policy is based".
"We won't interfere," the Bench said rejecting the PIL filed by BJP MP Haribhau Rathod, who had sought exemption of operation of the rule of 'creamy layer' for persons working as artisans or engaged in other hereditary occupations.
The court also did not accept the contention of the MP from Yavatmal in Maharashtra that the Centre should implement the 1993 Office Memorandum of Ministry of Social Welfare and Empowerment.