The observations of the Court came during the hearing of the petition seeking direction to the Union Government to implement and enforce the office memorandum (OM) dated September 8, 1993 issued by the Government of India saying that the rule of exclusion of creamy layer would not apply to persons working as artisans or engaged in hereditary occupations such as skinning of dead animals etc.
A bench comprising Chief Justice Y K Sabharwal and Justices C K Thakker and R V Raveendran adjourned the hearing of the case till November 24.
The counsel for the petitioner earlier contended that the creamy layer was excluded from the benefit of the policy of reservation as per the OM dated September 8, 1993.
The court issued notices only to the Government of India, Ministry of Social Welfare and Empowerment and National Commission for Backward Classes. The court, however, did not issue notice to the states for the time being.
During the hearing the Chief Justice asked the petitioner "Do you mean to say that in OBCs who are not in the category of creamy layer should not get the benefit and financially well-off among the OBCs should continue to enjoy the benefit of reservation at the cost of those who are really worthy of it." The court also told the counsel for the petitioner " you are only paying lip service to those who are really socially, educationally and economically backward. " UNI AKS/SC PDM RP KN1722