(1) Notwithstanding anything contained in any judgment, decree or order of any court or other authority, and subject to the other provisions of this Act,-
(a) ten per cent. of the total seats in educational institutions including private educational institutions, whether aided or un-aided by the State, other than minority educational institutions referred to in clause (1) of article 30 of the Constitution of India ; and
(b) ten per cent. of the total appointments in direct recruitment in public services and posts under the State,
shall be separately reserved for the Socially and Educationally Backward Classes :
Provided that, the above reservation shall not be applicable to the posts reserved in favour of the Scheduled Tribes candidates in the Scheduled Areas of the State under the Fifth Schedule to the Constitution of India as per the notification issued, from time to time, by the Governor, in this behalf.
(2) The principle of Creamy Layer shall be applicable for the purposes of reservation to the Socially and Educationally Backward Classes under this Act and reservation under this Act shall be available only to the persons belonging to the Socially and Educationally Backward Classes who are not falling in Creamy Layer.
Explanation.- For the purposes of this sub-section, the expression "Creamy Layer" means the person falling in the category of Creamy Layer as declared by the Government by general or special orders issued in this behalf, from time to time.