New Delhi
Children of IAS and IPS officers should not get the benefits of SC and ST reservation. A petition making such a demand was filed in the Supreme Court on Thursday, which the court refused to consider. The bench said who should get reservation and who should be excluded from its scope. It is the job of Parliament to decide this. The court cannot take any decision in this regard. The court said that it is for the Parliament to bring a law in this regard. In fact, during the hearing of a case in August last year, the Supreme Court bench itself had expressed the opinion that there should be a provision for creamy layer in the reservation for Scheduled Castes and Tribes.
Under this, children of Dalit and tribal people whose parents are IAS or IPS will be excluded from the scope of reservation. In their place, those deprived people of the same class, who have not yet been able to come into the mainstream, should get a chance. When that comment of the court was presented as the basis in the application, the judges gave a clear answer to that also. Justice BR Gavai said, ‘No order was issued from our side. Such an opinion was given by one of the justices of the seven-judge bench, which was supported by two other judges. In that case, the court’s unanimous decision was that there should be sub-classification in SC and ST quota.
This PIL was filed on behalf of Santosh Malviya. Malviya said that children of IAS and IPS officers in Madhya Pradesh should not get reservation for SC and ST categories. This petition was earlier filed in the Madhya Pradesh High Court, but it was rejected. After this the petitioner approached the apex court. In fact, the High Court had said that this petition should go to the Supreme Court only. This is because the Supreme Court itself had talked about creamy layer in one of its decisions. Let us tell you that Justice Gavai was also included in the bench that suggested the creamy layer in August.
Then the bench of 7 judges had clearly said that only those people of Dalit and tribal class, whose parents are on posts like IAS and IPS, should be excluded from the scope of reservation. This shows that now they have come into the mainstream of the society and now in their place those people who have remained backward till now should get priority in reservation.