14 May : The Supreme Court on Thursday sought response from the Kerala Government on its decision to raise the income ceiling for the ‘creamy layer’ among OBCs from Rs 2.5 lakh to Rs 4.5 lakh.A bench headed by Chief Justice K G Balakrishnan issued notice to the state government on a petition filed by Kerala-based Nair Service Society challenging the notification in this regard.The Society said without determining the criteria, the state government raised the income ceiling giving reference of a similar decision taken by the Centre which has been challenged in the apex court.
It said it would have been appropriate for the Kerala Government to appoint an independent Commission for dwelling on the issue of the creamy layer.
The bench tagged the petition with another petition which in October last year had challenged the Centre’s decision to raise the income ceiling for the creamy layer.
Some of the anti-quota petitioners had alleged that the Union Cabinet’s decision to raise the income was aimed at defeating the apex court.
It was submitted that the Cabinet’s decision was arbitrary as the apex court on 23rd February, 2007 had set aside the report of a Commission from Kerala recommending raising upto Rs 3 lakh the upper limit of annual income for the creamy layer.
The court had set aside the report of Justice K K Narendran Commission appointed by the Kerala Government which was challenged by the Nair Service Society.
The Narendran Commission was appointed by the state government after the Supreme Court had accepted the report of another Commission led by Justice K J Joseph which had recommended Rs 2.5 lakh annual income as the upper limit for the creamy layer.