As per this article they are planning to implement the creamy layer on next year..
http://timesofindia.indiatimes.com/Creamy_layer_order_wont_be_contested/articleshow/2949788.cms
Creamy layer order won't be challenged
14 Apr 2008, 0328 hrs IST , TNN
NEW DELHI: Anxious for a swift rollout of the OBC quota in central educational institutions, the government is learnt to have decided not to challenge Supreme Court’s directive to keep the "creamy layer" out of the ambit of the reservations.
Sources said that the "no" to "creamy layer" can be challenged only before a larger bench and the procedure will delay the implementation of the quota, frustrating the prospective beneficiaries who have waited since March last year when the top court ordered a freeze.
"We will tell allies who have been asking us to seek a review that appealing the verdict will only complicate matters," said a senior Congress source. Government’s keenness for a quick rollout came out clearly in HRD minister Arjun Singh’s interview to a news agency on Sunday.
"The overall structure of the judgement is very positive," said Singh while parrying a query about whether government will go in for a review. "There is no such thing at present", he said, adding that the "basic issue has been resolved".
Though the minister who worked in tandem with pro-quota partners like DMK and PMK to ensure that government remained focused on quota acknowledged the differences over what constitutes "creamy layer" and whether they should be kept within the arc of the reservations, the tone of his remarks suggested that the government’s priority now is on early implementation of delayed quotas.
The agency report also said that the minister steered clear of demands by allies like the DMK for a "fair and just" review of the criteria to define the creamy layer.
Government sources said that government has to clear the procedural hurdles of extending the applicablity of "creamy layer" — so far limited to job reservations — to educational quota and working out the cut-off mark for filling up the seats earmarked for OBCs.
In his interview to the agency, however, Singh was confident that the implementation would not pose difficulties. "It is implementable," he asserted
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