SC on Post-based Reservation
The Supreme Court rejected pleas for exclusion of ‘creamy layer’ members of the SC and ST with respect to reservation in promotion.
The Supreme Court observed that the pleas were an attempt to challenge Karnataka’s legislation for reservation in promotion- the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservations (to the Posts in the Civil Services of the State) Act. The ‘consequential seniority’ provision enables the SC and ST member to retain their seniority for subsequent promotions.
The term ‘creamy layer’ is used to refer to individuals of a backward class who are highly advanced- socially, educationally and economically. The term was first highlighted during the 1992 Indra Sawhney v. Union of India case. The recent pleas called for exclusion of such members from the provisions of legislations for reservation in promotion.
Article 335 of the Constitution provides that the claims of members of the SC and ST communities shall be taken into consideration in appointments to various posts connected to the affairs of the union/ state. This is to be done while maintaining the efficiency of administration.