New Delhi: holding an annual income that cannot be a single criterion to identify the layer of cream in the classroom retreat to reject reservations, the Supreme Court on Tuesday argues that it must be done based on social, economic and other factors and not only the economic criteria for Judge L Nageswara Rao And Aniruddha Bose canceled the 2016 notification issued by the Haryana government with the parts of the backward class who earned above the hospital.
6 lakh per year must be considered a cream layer.
The court said that the state government’s decision to violate the principles set by the APEX court in the case of Indra Sawney.
The court said that Haryana’s reverse classes (reservations in services and acceptance in educational institutions) ACT, 2016 made it mandatory for the identification and exclusion of ‘cream layers’ to be based on social, economic and relevant factors but the wrong state tried to determine the cream layer solely Based on economic criteria and have made a big mistake in doing so.
“Therefore, we cancel the notification, giving freedom to the state government to issue fresh notifications within 3 months of today after taking into account the principles set by this court in Indra Sawhney-I and the criteria mentioned in Section 5.
( 2) Law 2016 to determine the cream layer, “Bench said.
However, the court said that acceptance for educational institutions and appointments for state services based on notifications would not be disturbed.
The court recorded that the notification issued by the State in 1995 was in line with the assessment of the court at Indra Sawhney but 2016 violated the verdict.
“The notification excludes certain people who make constitutional posts and those who are in the work of the state and the center in the post that is higher than the benefits of reservation.
In addition, social progress from other categories is taken into account for the purpose of such a category in the ‘cream layer’ .
Surprisingly, the 2016 notification, the identification of ‘layer of cream’ in between class retreat is restricted only on the basis of economic criteria.
in terms clearly, this court held in Indra Sawhney-I Exclusion ‘cream layer’ can not simply economic, “said bench that.
Referring to the verdict of Indra Sahney, the court said that it was held that people from backward classes that were occupied in higher services such as IAS, IPS, and all Indian services have reached a higher level of social progress and economic status and therefore not Its entitled to be treated as backwards.
“People like that are treated as ‘cream layers’ without further questions.
Likewise, people with sufficient income are in a position to provide work to others must also be taken to achieve higher social status and therefore must Treated.
Like outside the classroom.
Likewise, people from backward classes who have higher agricultural ownership or receive income from property, beyond the specified limits, inappropriate to benefit reservations.
The categories mentioned above are needed to be issued From class backwards.
“The court said.
Income cannot be the only base for deciding the cream layer: SC
