Document Fragment View

Matching Fragments

O R D E R In what is known as Mandal case (1992 ) (Suppl) 3 SCC

217) which was delivered on 16.11.1992 certain directions were given to the Union of India. State Governments and also the Administration of Union Territories. Direction (B) reads as follows :

(B) Within four months from today the Government of India shall specify the bases, applying the relevant and requisite socioeconomic criteria to exclude socially advanced persons/sections ('creamy layer') from other backward classes. The implementation of the impugned O.M. dated August 13,1990, shall be subject to exclusion of such socially advanced persons ('creamy layer') This direction shall not however apply to states where the reservation in favour of backward classes are already in operation.
In the circumstances out of sheer exhaustion and having regard to the fact that the constitutionality of the Kerala Act 16 of 1995 is pending disposal before this Court, we have decided to get the information ourselves regarding 'creamy layer' issue through a High Level Committee.
Accordingly, we request the learned Chief Justice of the Kerala High Court to appoint a retired judge of the High Court to be the Chairman of the High Level Committee who will induct not more than 4 members from various walks of life to identify the 'creamy layer' among the designated other backward classes in Kerala State in the light of the ruling of this Court in Mandal case and forward the report to this Court within 3 months form the date of this order.
We direct the State of Kerala to extend all co- operation including the expenses in this regard. The learned Chief Justice of the Kerala High Court will fix the terms of the Commission including the honorarium. The State pf Kerala will meet with the financial obligation.
A Copy of the Office Memorandum issued by Government of India. Ministry of Personal, Public Grievances and Pensions (Department of Personnel and Training) dated a 8.9.1993 pursuant to the directions of this Court in 'Mandal Case' (available at pages 37 to 43 of the paper book in Writ Petition No.699/95) may be sent by the Office along with a Copy of this Court's order for use and guidance of the members of the High Level Committee in identifying the 'creamy layer' among other Backward Classes in the State of Kerala. List the matter after the report is filed.