ASHOKA KUMAR THAKUR versus UNION OF INDIA AND ORS

Citation: [2007] 4 S.C.R. 493 · Decided: 29-03-2007 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Case Allowed

Cited by 1 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

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ASHOKA KUMAR THAKUR 
A 
v. 
UNION OF INDIA AND ORS 
MARCH 29, 2007 
[DR. ARIJIT PASA Y AT AND LOKESHWAR SINGH PANT A, JJ.] 
B 
,.... 
; 
Central Educational Institutions (Reservation in Admission) Act, 2006: 
Section 6-other backward c/asses-27% reservation in the educational 
institutions-To be enforced from May 2007-Held, the operation of the Act c 
so far as it relates to Section 6 thereof for the OBCs category only to be kept 
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on hold. 
The policy of27% reservation for the Other Backward Classes (in short 
the 'OBCs') contained in the Central Educational Institutions (Reservation D 
in Admission) Act, 2006 (in short the 'Act') is the subject matter of challenge 
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in the instant the writ petitions. The primary ground of challenge is that the 
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Union of India has failed in performing the constitutional and legal duties 
toward the citizenry and its resultant effect. Consequently the Act shall have 
the effect and wide ramifications and ultimately it shall have the result in 
dividing the country on caste basis. It would lead to chaos, confusion, and E 
anarchy which would have destructive impact on the peaceful atmosphere in 
the educational and other institutions and would seriously affect social and 
communal harmony. The constitutional guarantee of equality and equal 
opportunity shall be seriously prejudiced. It has been highlighted that on the 
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basis of unfounded and unsupportable data about the number of OBCs in the F 
country the Act has been enacted. Though there is a specific provision in 
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Section llofthe National Commission for Backward Classes Act, 1993 for a 
periodic revision of the lists, same has not been done, and on the contrary 
additions are being made. The rational of27% having been arrived at on the 
mythical figure that the OBCs are 52% in the country and even the ratio of 
27% reservation for the students belonging to other backward classes in G 
the educational institutions is to be funded and controlled by the Central 
Government. The same is to be enforced from May 2007. It is highlighted 
y 
that after 1931 census there has never been any caste-wise enumeration or 
tabulation which in essence corrodes the credibility of the claim of 52% 
493 
H 
494 
SUPREME COURT REPORTS 
[2007] 4 S.C.R. 
A population of other backward classes. It is pointed out that in terms of Section 
2(g), 3(iii), Sections 5(1)(2) and 6 of the Act, 27% seats are being reserved 
for other backward classes out of only permitted strength. The expression 
"Other Backward Classes" means the class or classes of citizens who are 
socially or educationally backward and are so determined by the Central 
Government There has never been any determination on any acceptable basis. 
B The parameters provided in the Backward Classes Act have not been kept in 
view. Without supportable data the introduction of a Statute which would have 
the effect of disturbing the harmony in the society was avoidable. Though it 
has been provided that increase in the number of seats can be done in a 
staggered manner that is really of no consequence. The stand that number of 
C seats available for the general categories remains unaffected is really not a 
solution as in essence unequals are treated as equals. The very concept of 
equality enshrined in Article 14 of the Constitution of India, 1950 (in short 
the 'Constitution') is directly affected. Prayer has, therefore, been made to 
declare certain provisions in the Act to be unconstitutional. By way of the 
instant Interlocutory application, a prayer has been made to grant interim 
D protection pending final disposal of the writ petitions. 
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It was contended by the appellants that the statute in question has lost 
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sight of the social catastrophe it is likely to unleash. Not only would the 
products be intellectual pigmies as compared to normal intellectual sound 
E students presently passing out. It has been emphasized that what may have 
been relevant eight decades back cannot hold good in the present scenario. 
There has to be indepth analysis to find out the number of socially and 
educationally backward class of citizens. It is further contended that the 
concept of socially and educationally backward classes in Article 15(4) stand 
on a different footing from Article 16(4) and consequentially Article 15(5) is 
F different from Article 16(4). Further contention is that in any event the 
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concept of creamy layer which has been completely kept out of cons

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