http://www.outlookindia.com/pti_news.asp?id=508889
SC-QUOTA Creamy layer not applicable for SC, ST reservation: SC told NEW DELHI, OCT 4 (PTI) The Centre today maintained before the Supreme Court that reservation was a constitutional promise for the upliftment of the backward classes and the concept of 'creamy layer' could not be applied to the Scheduled Castes and Scheduled Tribes. Continuing with the arguments to defend the 27 per cent quota for OBCs in the Central Educational Institutions, senior advocate K Parasaran said SCs and STs have been defined in the Constitution which cannot be altered by bringing the concept of creamy layer. Hence, he said the concept of creamy layer was not relevant for extending the reservation for the SCs and STs. The senior advocate said that the 27 per cent quota for OBCs was a timely legislation as eradicating illiteracy will take time. When the five-judge Constitution Bench headed by Chief Justice K G Balakrishnan wanted to know what was the norm to help Parliament to place the law in place, Parasaran said there will be a periodic review of the Socially and Educationally Backward Classes (SEBCs). He said in the complexity of the modern society, Parliament was the best to control the situation. The Bench said while providing reservation for the SCs and STs it was clealry stated that it would be for the period of 10 years which has been extended over the period. It said if in the given case it was a blanket provision then it will have to go. While referring about reservations, the Bench said there are inbuilt mechanism in the Constitutional set up to take care of such situation.
