Demand by some to treat SC / ST Castes as DEEMED POOR for BPL Category is against Law Declared by Supreme Court.
If news reports in today's papers are correct, then some sections are lobbying with Government for Declaring all SC and ST Castes a Below Poverty Line.
Such a demand is against the law declared by Supreme Court.
The cases on this issues have been heard for months in Supreme Court.
Suppose a SC/ST person is appointed as IAS officer. Can his children seek benefits of reservations available to SC/ST Persons?
Supreme Court said "NO". It declared a principle called "Principle of Creamy Layer" and said that such persons are not eligible to benefits available to SC ST persons.
Under the Constitution of India, Law is what Supreme Court says.
It is not open to any government or any law making body to make any order or law which goes against what Supreme Court has declared.
It appears that such a demand made by some people to treat all SC ST people as Below Poverty Line, goes against the principle of Creamy Layer and hence liable to be struck down by Supreme Court and High Courts.
- Haresh Raichura
10/8/13