SC dismisses plea against quota for IAS, IPS wards

We gave a view that creamy layer should be excluded [from SC/ST]. It is only a view and a decision has to be taken by the legislature

- Abraham Thomas

NEW DELHI: The Supreme Court on Thursday refused to entertain a plea seeking the exclusion of children of Indian Administrative Service (IAS) and Indian Police Service (IPS) officers from Scheduled Castes (SC) and Scheduled Tribes (ST) reservation benefits in Madhya Pradesh.

The court said the reference to the exclusion of the creamy layer from SC and ST quotas in a seven-judge Constitution bench's August 2024 ruling in the State of Punjab versus the Davinder Singh case was only a view and the legislature has to decide in this regard.

"No mandamus was issued by us. It was a view expressed by one of the judges [in the seven-judge bench] that was endorsed by two other judges. The unanimous view was that sub-classification within SC/ST was permissible," said a bench of justices Bhushan R Gavai and Augustine George Masih, referring to the view on the exclusion of creamy layer.

The petitioner, Santosh Malviya, approached the Supreme Court after the Madhya Pradesh high court refused to entertain his plea. The high court in December said only the top court could look into the matter as it involved the interpretation of the August 2024 ruling.