ASHOK KUMAR THAKUR versus STATE OF BIHAR AND OTHERS

Citation: [1995] SUPP. 3 S.C.R. 269 · Decided: 04-09-1995 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Case Allowed

Judgment (excerpt)

-
ASHOK KUMAR THAKUR 
A 
v. 
STATE OF BIHAR AND OTHERS 
SEPTEMBER 4, 1995 
[KULDIP SINGH AND S. SAGHIR AHMAD, JJ.) 
B 
Constitution of India-Arts. 14 and 16(4). 
Reservation for backward classes of citizens in the services of the 
State-Criteria laid down by the States of Bihar and Uttar Pradesh, for C 
detennining the 'creamy layer', for the purpose of exclusion from the backward 
classes-Constitutional validity of-Whether violative of Arts. 14 & 16(4) of 
the Constitution of India. 
Backward class-Meaning of-Under Art. 16(4) of the Constitution-A 
class which has no element of 'creamy layer' in it. 
D 
The law laid down in Mandal's case to be followed-Protective dis-
crimination in the shape of job reservation under A1t. 16(4) has to be 
programmed--Most deserving section of the backward classes must be 
benefited-Benefit of reservation must reach the poorer and the weakest 
section of the backward classes. 
E 
''Means test" to be applied-Imperative to skim off the affluent section 
of the backward classes. 
Rule of exclusion fanned by the Govemment of India in conf omiity 
with the law laid down by the Supreme Court in Mandal's case'-Same F 
should be fallowed by the State govemments-Similar criteria for identifying 
the 'creamy layer' ought to be followed by the States. 
For the purpose of reservation of jobs for the members of the SC/ST 
and the backward classes of the society the respective Governments of the 
States of Bihar and U.P. laid down the criteria for the exclusion of the G 
'Creamy layer' from the said classes. While the State of Uttar Pradesh, 
laid down the criteria by way of schedule II of section 3(b) of the U.P. 
Public Services Reservation of Scheduled castes & Scheduled Tribes and 
other Backward classes Act 1994, the State of Bihar introduced, the said 
criteria by way of an ordinance called the Bihar reservation of vacancies H 
269 
270 
SUPREME COURT REPORTS (1995) SUPP. 3 S.C.R. 
A 
in posts and services (for scheduled castes, scheduled tribes and other 
backward classes) (Amendment) Ordinance 1995. The said criterion, in 
addition to the rule of exclusion, laid down by the Government of India 
added further conditions for identifying the 'creamy layer' such a salary 
of rupees ten thousand or more per mensem, the wife or the husband to 
B 
be a graduate and one of them owning a house in an urban area, or the 
family owning immovable property of the value of at least rupees 20 lakhs 
etc. 
The said criterion laid down by the respective States of Bihar and 
U.P. were challenged, by way of writ petitions before the Supreme Court 
C 
of India on the grounds that : (a) They were wholly arbitrary and violative 
of the fundamental rights guaranteed under Art. 14 & 16(4) of the Con-
stitution. (b) The criterion were contrary to the guidelines laid down by 
this Hon'ble Court in 'Mandal case'. (c) The multiple' conditions laid down 
by the said criterion had no nexus to the object sought to be achieved, 
D 
namely the exclusion of the 'creamy layer' from the backward classes. (d) 
The State governments should follow the Government of India and lay 
down similar criteria for identifying the 'creamy layer'. 
Allowing the Writ Petitions, this Court, 
E 
HELD: 1.1. It has been clearly and authoritatively laid down in 
'Mandal case' that the affiuent part of a backward class called the 'creamy 
layer', has to be excluded from the said class and the benefit of Art. 16(~) 
can only be given to the class that remains after the exclusion of the 
'creamy layer'. [291-C] 
F 
1.2. The benefits of social privileges like job reservation are mostly 
chewed up by the richer or more aflluent sections of the backward classes 
and the poorer and the really backward sections among them keep getting 
poorer and more backWard. It is only the lowest of the backward class, where 
the standards of deprivation and extent of backwardness may be uniform. 
G The jobs are so few in comparison to the population of the Backward class 
that it is difficult to give them adequate representation in the State services. 
It is therefore necessary that the benefit of reservation must reach the 
poorer and the weakest section of the backward classes. [272-H; 273-A] 
1.3. The economic ceiling to cut off the backward class for the 
H 
purpose of job reservation is necessary to benefit the needy sections of the 
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. 
•. 
AK. THAKUR v. STATE 
271 
class. The means-test is therefore, imperative to skin off the affluent A 
sections of the bac

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