HC extends ‘creamy layer’ concept

AURANGABAD: In a landmark judgement, the Aurangabad bench of the Bombay high Court on Monday held that the concept of the ‘creamy layer’ amongst other backward classes (OBCs) should be applicable to all sorts of reservations, including elective posts in local self-governments and services in different departments.
The bench, comprising B.H. Marlapalle and N.V. Dabholkar, has directed the state government to place the entire list of OBCs, including the castes as recognised by the government resolution of January 1, 2001, before the state-level OBC commission.
The commission, in turn, has been asked to examine the caste to be excluded from the said list.
The court said, identification of ‘creamy layer’ amongst the socially and economically backward classes will be the responsibility of the state OBC commission. The commission has been asked to submit its recommendations to the state government within three months.
The ‘creamy layer’ so identified by the state government on the recommendations of OBC commission will be excluded from all the reservations provided under the Constitution and persons belonging to the ‘creamy layer’ would not be entitled to claim any reservations.
The court has also directed the state government to reconstitute the backward commission and increase the number of its members. The court suggested to nominate at least one director of a government department from each revenue division including the director of social welfare to the commission.
The court also recommended that before including or excluding any caste in the list of the OBC ‘creamy layer’, the government may consult the local self-government bodies as “they knew the grassroots reality of every small community�. However, the final decision would be taken by the state minority commission, the court has said. The directions were given in response to a writ petition filed by Baburao Shinde and Ravindra Shinde, who had objected to the caste verification committee’s rejection of a caste certificate of the Thakur community.
During the course of argument, the amicus curiae Sagar Patil Killarikar had said that the state government had failed to take steps to implement the Supreme Court’s ruling for identifying the ‘creamy layer’ amongst the OBCs.
On the basis of this judgement, the court has directed that the wards of the high court judges, doctors, advocates, CAs, tax consultants, architects, college teachers and all professionals having income of more than Rs. 10 lakh per annum and immovable property more than Rs. 20 lakh in urban areas should be included in the creamy layer.