The Supreme Court quashed the notification issued by the Haryana
The Supreme Court quashed the notification issued by the Haryana Government specifying the criteria for exclusion of creamy layer within the backward classes. The court stated that economic criteria cannot be the sole basis for identifying a creamy layer.
Pichra Warg Kalyan Mahasabha Haryana v. State of Haryana
A Division Bench of Justice L Nageshwara Rao and Justice Aniruddha Bose was hearing a plea challenging the 2016 notification of the Haryana Government specifying the criteria for exclusion of creamy layer within the backward classes.
As per the notification, the children of persons having gross annual income up to ₹3 lakh were to get first preference to avail the benefit of reservation in services and admission in educational institutions. The remaining quota seats would go to backward classes who earn more than ₹3 lakh but up to ₹6 lakh per annum.
The court opined that the notification issued by the Haryana Government was in violation of Judgement of Indra Sawhney I was at variance with the memorandum dated September 8, 1993 issued by the Union of India.
Hence the court set aside the notification and directed Haryana Government to issue fresh notification within a period of 3 months after taking into account the principles laid down by the top court in Indra Sawhney I and the criteria mentioned in Section 5(2) of the 2016 Act for determining creamy layer.
