The government informed the SC about its stand on creamy layer concept in SCs/STs reservation saying, "The 'creamy layer'
concept cannot be applied to the Scheduled Caste/Scheduled Tribe communities, who have suffered for centuries."
According to government a total of 22.5 per cent (15 per cent for SC+7 per cent for ST) posts should be reserved
for promotion for SC/ST in public employment under Article 16 (4A) of the constitution.
Why creamy layer should not apply to SCs/STs ?
Introducing creamy layer in SCs/STs based on their economic condition and social advantages will regroup them, that is
not appropriate and is against their homogeneous character.
Traditional practice of untouchability, was one of the major factor considered when communities were inlcuded in the
list of SCs/STs. Centuries old practice of untouchability can not be justified on the basis of economic and social advantages.
Under Articles 341 and 342 the constitution itself creates a presumption, that SCs and STs are backward classes
of citizens and no new parameter is needed for their classification.
In a previous Nagaraj case, the Supreme Court has restricted the government to introduce quota for SCs and STs in
reservation for promotion.
SC told that such a quota will only be justified, if a particular dalit community is backward or inadequately represented
and such a reservation in promotion would not affect the overall efficiency of public administration.
Additionally, while doing so the opinion of the government should be based on quantifiable data, too.