Supreme Court News: The Supreme Court has refused to hear the demand of not giving the benefit of SC/ST reservation to the children of IAS and IPS officers. The court has said that it is the job of the government to make policy regarding reservation. The court will not decide this. In the petition filed in the Supreme Court, there was a demand to implement the principle of creamy layer in SC/ST also and till this is not done, the children of IAS/IPS officers in Madhya Pradesh should be deprived of reservation.
Demand to exclude children of IAS/IPS from reservation
Petitioner Santosh Malviya, resident of Madhya Pradesh, had filed the petition through lawyer Mrigank Prabhakar. It was said that last year, the Supreme Court had allowed sub-categorization in Scheduled Caste/Tribe reservation in the decision of Punjab vs. Devinder Singh case. The court had said that even among these classes, sub-categorization is necessary to extend the benefits of reservation to the more backward castes. Some states have started taking steps as per this decision, but this is not happening yet in Madhya Pradesh.
On behalf of the petitioner, it was demanded that the Supreme Court should ask the Madhya Pradesh government to identify the creamy layer among the Scheduled Castes/Tribes and make a policy of not giving them reservation in government jobs and higher education. Until the state government makes such a policy, reservation should not be given to at least the children of IAS/IPS in the state.
‘Government’s decision to give reservation’
On Thursday, the matter came up for hearing in the bench of Justice BR Gavai and Augustin George Masih. Bench Chairman Justice Gavai told the petitioner’s lawyer, “Last year, a bench of 7 judges had given the same decision that sub-categorization can be done in SC/ST reservation, but we had not made it mandatory. The decision in this regard is on the governments. Was released.” Justice Gavai said that who is to be given reservation or who is to be excluded from it is a policy matter. It is better to leave this decision to the government and legislature only.
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