Government's argument for not excluding creamy layer is that many of the seats are going to be left empty.This argument of the government is flawed because for the last 60 years many SC.ST seats are being left empty .Coverting those empty seats in general category is forbided by the law.So on a similar line if some obc seats goes empty it is no harm.Other wise govtnment can bring down the number of seats reserved so that they dont go empty.At any rate creamy layer have no moral authority to ask for reservation.After all social jusice and social and educational upliftment is our goal is't it.
NOTE: Supreme court in many of its previous judgement(recently as high as 11 bench of judges) have asked to exclude creamy layer from getting reservation so that more deserving candidates can take reservation benefits. That is the reason Supreme court is NOT going to vacate the STAY unless govt make a law which excludes creamy layer.