Supreme Court’s order of 29th May, 2006

Supreme Court of India
Record of Proceedings

Hon’ble Mr. Justice Arijit Pasayat
Hon’ble Mr. Justice Lokeswar Singh Panta
(Vacation Bench)


The basic issues which arise for consideration in this petition are as follows:

  1. What is the basis for the determination/classification as to who belongs to “Other Backward Class”,
  2. The Modalities to be adopted for implementation of the policy in question.

In the counter affidavit to be filed by respondent Nos.1 to 7, these aspects shall be specifically dealt with. It shall be indicated as to what are the materials of the foundation of the basis of which determination/classification has been done as to who belongs to “other backward class” and the rationale for adoption of the norms, if any, in the counter affidavit. It shall be further indicate as to how the policy is to be implemented and the modalities to be adopted.

A plea has been taken by the petitioner that implementation of the policy will result in dividing our great country on caste basis. This question has serious and sensitive social and political ramifications and if the necessity so arises, the issue shall be dealt with appropriately when the matter is taken up for final hearing. The counter affidavit shall be filed within eight weeks. Rejoinder, if any, shall be filed within six weeks, put up the matter thereafter.

(Vijay Agrawal)
Court Master

(Neena Verma)
Court Master