Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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23.2In this regard, it is relevant to refer to the Special Report of 2000 given by the Karnataka
State Commission for Scheduled Classes. Chapter V of the Report deals with the principle of Creamy
Layer concept. The Commission had recommended for exemption of the application of the Principle
of Creamy Layer to direct recruitments as it is now found in Note (1) of the Government Order dated
30.3.2002. The reason for such recommendation is found at para 24. The relevant portion of para 24
reads thus:
“For direct recruitment to certain posts long period of continuous service or experience is
prescribed for eligibility. But in view of the operation of the Creamy Layer Principle, all
those who are eligible because they are working in subordinate posts, are screened out
of the Backward Classes. …
Since long and continuous service in a lower post is a condition precedent to get eligibility
for such posts applying the Creamy Layer to such posts would result in taking away in
one hand what is given by the other. Applying Creamy Layer criterion would frustrate the
very object of reservation in such posts.”
The Report also discloses that earlier to the Government Order dated 30.3.2002, the Creamy
Layer concept was universally applied to all the recruitments. It is only on the basis of the recommendation
of the Commission a Note was incorporated. Therefore, we hold that the Creamy Layer Concept is
not applicable to the recruitment in question.
23.3It is also relevant to refer to the latest judgment of the Supreme Court in the case of ASHOK
KUMAR THAKUR v. UNION OF INDIA, reported in (2008) 6 SCC 8 wherein the Supreme
Court has held as follows:
Karnataka PSC
“We make it clear that some principle of determining the Creamy Layer for providing
27% reservation for Backward Classes for appointment need not be strictly followed in
case of reservation envisaged under Article 15(5) of the Constitution. As pointed by Sri
Ravivarma Kumar, learned Senior Counsel, if a strict income restriction is made for
identifying the “Creamy Layer”, those who are left in the particular caste may not be able
to have a sufficient number of candidates for getting admission in the Central Institutions
as per Act 5 of 2007. The Government can make a relaxation to some extent so that
sufficient number of candidates may be available for the purpose of filling up the 27%
reservation. It is for the Union Government and the State Governments to issue appropriate
guidelines to identify the “Creamy Layer” so that SEBCs are properly determined in
accordance with the guidelines given by this Court. If, even by applying this principle, still
the candidates are not available, the State can issue appropriate guidelines to effectuate
the implementation of the reservation purposefully.”
23.4It is a well settled principle that when there is a doubt about the statutes, their meaning are to
be understood in the sense in which they best harmonize with the subject of the enactment and the