OBCs is valid. However, some states denied the existence of the creamy layer, and a report commissioned by the supreme court was implemented. The case ... pressed again in 1999 and the supreme court reaffirmed the creamy layer exclusion and extended it to SCs and STs. This judgment also overruled Rangachar
creamy layer" of Other Backward Classes are also not eligible for reservation under this quota(creamy layer of OBC crosses 8 lakh limit). Also Refer
creamy layer" of Other Backward Classes are also not eligible for reservation under this quota(creamy layer of OBC crosses 8 lakh limit). Also Refer ... OBCs is valid. However, some states denied the existence of the creamy layer, and a report commissioned by the supreme court was implemented. The case
necessity". Finally, the learned Counsel argued that non-
exclusion of creamy layer is per se illegal and contrary to what has
been laid down ... SEBCs). The concept of creamy
layer is applicable to Article 15 and Article 16 and non-exclusion of
creamy layer in the Act is illegal
identify and notify the ―creamy
layer‖ within four months and after such notification,
the ―creamy layer‖ within the backward class shall
―cease‖ to be covered ... equals (forwards and creamy
layer of backward classes) cannot be treated
unequally. Again, non-exclusion of creamy layer will
also be violative of Articles
division of
every section of the backward class into creamy layer or
non-creamy layer. For example, if there are a dozen named
backward classes ... particular holding of property etc. to
segregate the creamy and non-creamy layers in each vertical
sub-classification of backward class and say that
object of the concept of
'creamy layer' as the idea of creamy layer was conceptualized on that
philosophy. It is also trite that ... obliterate the creamy layer or extend the
reservation indefinitely."
This Court rationalized the creamy layer rule as a necessary bargain
between the competing ends
will belong to the creamy layer, a group for which no
22
benefits are necessary. Only non-creamy layer OBCs can avail of
reservations ... order to fill the
27% quota for non creamy layer OBCs. When the creamy layer is not
removed, as in the case of Tamil Nadu
exclusion of the
`creamy layer' from the backward class.
P.B. Sawant, J. spoke about the `creamy layer' in the
following words ... State must identify the `creamy layer'
in a backward class and thereafter by excluding the `creamy-
layer' extent the benefit of reservation
creamy layer" of Other Backward Classes are also not eligible for reservation under this quota(creamy layer of OBC crosses 8 lakh limit). Also Refer
