We have been very strongly opposing the concept of creamy layer, right from its inception. In fact, we have been insisting that no economic criterion by way of annual income of the parents of the students should be inserted for reservation to socially and educationally backward classes, as contemplated by the constitution of the India. Due to exclusion of creamy layer, about 400 seats in higher educational institutions remain unfilled during the current academic year. On this unfilled vacancies, the Supreme Court of India has recently held that there is no bar in filling these vacancies from among the students under the Open Competition category.
27% reservation to OBCs is not being implemented fully, only one third of the prescribed quota has been implemented, excluding the creamy layer. If these reduced number of vacancies originally meant for OBCs are filled from among the candidates of the Open Competition category, the OBCs are afraid that there will be a big setback to their right of reservation