The Supreme Court raised important questions about the reservation system on Friday. The court heard a case on reservation of the ‘creamy layer’ of backward classes, those who have already achieved a better position in society. During the hearing, the court asked whether families who are already economically and educationally advanced should still get protection. Justice Nagaratna and Justice Ujjwal Bhuiyar bench Justice B.V.
During the hearing, Justice Nagaratna raised a very pertinent question. He said, if both parents of a student are IAS officers, why should their children be reserved? “When people advance educationally and economically, their social status also improves,” the court said. In such a situation if every generation wants conservation, the society will never be able to get out of this system. Those whose parents are in good jobs and earning enough money should be exempted from the reservation requirement, the court opined.
Lawyer Shashank Ratnu appeared for the petitioner in the case. While selecting the ‘creamy layer’, not only income but also social status is looked into Currently, Group ‘A’ and Group ‘B’ government employees are excluded from reservation, he said. The lawyer added that there should be a clear distinction between the economically backward classes (EWS) and the ‘creamy layer’. Because EWS is only concerned with economic aspects, it is not concerned with social backwardness. So the ‘creamy layer’ rules should be a bit more flexible or different from EWS.
The court heard the arguments of both sides and said that it is important to maintain a proper balance in this matter. Justice Nagaratna said, there are certainly backward classes in the society, but the social progress of those who are already occupying high positions in the society or occupying high government positions with reservation benefits is clearly visible. Therefore, the government should revise the rules by excluding such persons from the scope of reservation, the court said.
