Speaking at the programme organised jointly by the Lawyer’s Forum for Social Justice and the Karnataka State Federation of Backward Caste, former Judge of High Court of Judicature, Madras Justice A K Rajam said that the Court has to review the judgment pertaining to creamy layer and set aside the judgment pertaining to that part.

Economic backwardness cannot be a criteria to consider backwardness of the caste. It should be the educational backwardness. The reservation may help a backward student to get admission to higher education, but it will not provide affordability to complete the same course, he noted.

In India, over 28,670 OBC backlogs have not been filled in various government departments. The governments, after applying the creamy layer rules, have found no eligible candidates to fill in these vacancies. Same tactic will be used in the reservation to higher education reservation also, Justice Rajam said.

Since creamy layer is a policy matter, the government has to make the policy. The courts do not have any right to interfere in these issues. Now, it is the government’s responsibility to make provisions to remove the creamy layer factor, Justice Rajam added.

President of Indian Justice Party Dr Udit Raj called upon backward class people to reject the judgment and file a review petition in the Supreme Court before a larger bench.

So far, not even one per cent of the SCs have benefited from the reservation extended to them. Applying economic criteria is against the spirit of the Constitution. We should seek reservation in higher posts like IAS, Judiciary and other areas, Dr Raj added.

Lawyer's Forum for Social Justice Trustee Prof Ravivarma Kumar said that the government should formulate the rules, so that if no suitable candidate is available to fill OBC quota, the creamy layer should be lifted.