SC Rejects Call to Remove IAS, IPS Officers’ Children from SC/ST Reservation

The Supreme Court has declined to issue directions to exclude children of IAS, IPS, and other high-ranking officers from the ambit of reservation for Scheduled Castes and Scheduled Tribes (SC/ST) in Madhya Pradesh.

Court’s Observations

A Bench comprising Justices B.R. Gavai and Augustine George Masih held that the question of whether individuals belonging to the “creamy layer” within SC/ST communities should be excluded from reservation falls within the jurisdiction of the executive and legislature.

“It is for the executive and the legislature to decide whether to provide reservation or not. Such decisions are enabling provisions, not mandatory. Those who have already availed benefits and are in a position to compete with others should ideally be excluded from reservation, but the final call lies with the legislature and executive,” the Court remarked.

Petitioner’s Arguments

The petitioner argued that ongoing recruitment across 21 state departments lacked policies to exclude the creamy layer, thereby extending benefits to those who might not need them. The petitioner also cited the landmark case of Vishaka v. State of Rajasthan, where the courts framed interim policies in the absence of state action, to urge the Court to intervene.

The counsel highlighted a Constitution Bench ruling from August 2024, which called for identifying the creamy layer within SC/STs to ensure that reservation benefits reached only the most disadvantaged. Despite this, no policy has been framed in the six months since that ruling.

Supreme Court’s Response

Reiterating the principle that reservation is an enabling provision, the Bench refused to issue directives to the state.

“We are not inclined,” the Bench stated, denying the petitioner’s request.

When the petitioner sought permission to withdraw the plea to file a representation before the appropriate authorities, the Court granted the request, stating:

“Allowed with liberty to take such steps as are permissible in law.”

Background and Legal Context

In August 2024, a seven-judge Constitution Bench upheld the power of states to sub-classify reserved categories like SC/STs based on their inter se backwardness. Four judges from the Bench suggested the identification of the creamy layer among SC/STs to exclude them from reservation benefits.

Currently, the concept of the creamy layer applies only to Other Backward Classes (OBCs) and not SC/STs. However, the call to extend this principle to SC/STs has gained traction in recent judgements.