• Recent SC / ST Supreme Court bench

I am Srikanth belong to the SC caste. We know that recently supreme court bench led by CJI looking into the possibiilty of applying creamy layer to the SC/ST castes also. 

I have to fill the one of my exam application [GATE exam] on sept 2018 whose result will out on march 2019. Assuming the order passed by SC bench by the end of this year 2018 or by sept 2018 that creamy layer applies to SC/ST castes as well . So will I able to get the seat in the SC category quota? or else no. My father is state government class 1 officer. 

Thanks for your time.
Asked 4 years ago in Constitutional Law

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12 Answers

Firslty, Sir, let me tell you that please don’t go by the news as the bench led by CJI was there on the atrocities of the act, not on the creamy layer point.

Secondly, there were some recommendations from the centre to look into the matter, but the same was taken back on the very next day of it.

Thirdly, even if it has to come then it may take long time due to the protest in the court itself through the intervener in the said hearing if any.

Fourthly, you please apply and do well in the exam.

Fifthly, and at present the criteria has not fixed by any one as to what should be the ground for applying it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

if order is passed before your results then that judgment would be applicable to you

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The matter which is pending in supreme court is with respect to 'creamy layer' for reservations to SC and ST categories in government job promotions only.

so it wont affect your candidature. Creamy layer does not apply in your case

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

if SC passed the orders then you are eligible.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir still there is no judgement in the matter further the issue is under examination and when the judgement is passed there will be a date of the implementation of order if before that you have applied anywhere you shall get the benefit

Further it is not necessary that the court will give adverse judgement and put creamy layer in SC/ST it depends on the order of the court future course can be decided in such way..

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It will not affect you. Because it will come into effect after the date of order passed and will not have retrospective effect. It will be implemented for future recruitments.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear Client,

This issue is controversial, any such order than legislators will amend the constitution, same held in SC ST act to over rule the order Supreme Court.

Feel free and concentrate on your GATE, prospective things are beyond capacity of advocate to advise but till this issue will adjudicate - your result will declared.

And govt. is persistent on the issue for non inclusion of concept of creamy layer.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi

1) Please note that orders passed by supreme court is prospective(applicable in future) in such sensitive matters.

2) Also since your GATE application is being filled in September 2018, the selection will be based on rules as is applicable as of date. So, you should still continue to apply under SC Category Quota.

3) Also you should understand that the present discussion in Supreme Court is about Reservations in Promotions of SC/ST and not related to admission in colleges etc.

4) Applicability of Reservations in Promotions is different from Applicability of Reservation in academics. Supreme court is NOT considering any aspect on Reservation in academics.

5) So please go ahead and finish your preparation without worrying about Supreme court judgment in the said matter as the judgment will NOT affect you in any manner whatsover.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Hello,

Any judgment will have a prospective effect and will not apply retrospectively.

So in your case you will get the benefit of the reservation.

Do not worry.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The SC court has not passed any order in this regard yet, hence on assumption no opinion can be rendered.

Moreover the supreme court can only recommend to the government about bringing the changes but it cannot bring about such changes in the policy of the government nor it will interfere in the government's policy.

It can interpret the law and pass judgments on the basis of the interpretation, hence you may wait for rolling out of any such rule in this regard and think what can be done on that after it has come out in existence.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1) SC has held that concept of creamy layer shall be applicable in reservations for Scheduled Castes and Scheduled Tribes.

2)A constitution bench headed by Chief Justice of India Dipak Misra held that a constitutional court is empowered to strike down any reservation meant for a creamy layer among the most backward classes.

3)The whole object of reservation is to see that backward classes of citizens move forward so that they may march hand in hand with other citizens of India on an equal basis. This will not be possible if only the creamy layer within that class bag all the coveted jobs in the public sector and perpetuate themselves, leaving the rest of the class as backward as they always were,

4) SC has held that for grant of quota for promotions in the government jobs to SCs and STs, holding that the states were not required to "collect quantifiable data" reflecting the backwardness among these communities.

5) judgment would have prospective effect

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

What is the recent judgement on SC/ST job promotions?

The court today essentially upheld its 2006 order that had said that it was not mandatory for the government to give reservations in promotions in public sector jobs.

The bench headed by Chief Justice Dipak Misra said that the states need not collect quantifiable data on the backwardness of SCs and STs for giving quota in job promotion to SC and ST employees.

What is the creamy concept in SC/ST ? Where this creamy layer concept only applicable in govt job promotions or in education or in govt job and PSU job recruitments also

There is no concept called creamy layer for SC/ST community candidates because they are given reservation based on the their community already, the creamy layer concession is an offer to OBC candidates only.

The NCL concession is not extended to the promotions of the government employees, it is given to the wards of the parents who fall under that category, for employment, higher education purposes only

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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