SC ‘quota split’ bill allows review of creamy layer

PROVISION Empowers government to periodically examine the list of 36 ‘deprived scheduled castes’ for exclusion or inclusion in new category

CHANDIGARH: The controversial piece of legislation to bifurcate 20% seats reserved for scheduled castes (SCs) in higher education institutions, passed by the Haryana assembly on Wednesday, has made a provision for periodic review of the ‘deprived scheduled castes’ for the purpose of exclusion or inclusion in the new category.

The legislation provides that half of the 20% seats in the institutions will be reserved for the new category of 36 ‘deprived scheduled castes’. The government, however, is empowered to review the list of 36 ‘deprived scheduled castes’ on the basis of such criteria, as may be prescribed, and on the expiry of 10 years from the day the law comes into force.

The review will also be held every succeeding period of five years thereafter, reads the Section 10 of Haryana Scheduled Castes (Reservation in Admission in Educational Institutions) Bill. The bill is, however, unlikely to withstand legal scrutiny in view of the Supreme Court order in EV Chinnaiah case of 2004. A similar bifurcation of scheduled caste quota done by former chief minister Bhajan Lal in 1994 was struck down by the Punjab and Haryana High Court quoting Chinnaiah case in 2006.

While the statement of objects and reasons (SOR) of the bill said that the state government will conduct a periodical review to verify the backwardness of each of the deprived castes and include or exclude such castes as may qualify the ‘creamy layer criteria’, senior officials said that word ‘creamy layer’ in the SOR should not be construed to denote exclusion of any scheduled caste from the scheme of reservation.

“The word ‘creamy layer’ in the SOR has been used for the purpose of exclusion or inclusion only in the newly created deprived scheduled caste list,” said a top official.