Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Ashoka Kumar Thakur v. Union Of India & Others

Ashoka Kumar Thakur v. Union Of India & Others

(Supreme Court Of India)

Writ Petition (Civil) No. 265 Of 2006 | 29-05-2006

1. Issue notice.

2. 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.

(3) 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 or the foundation on 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 indicated as to how the policy is to be implemented and the modalities to be adopted.

3. 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.

Advocate List
Bench
  • HON'BLE MR. JUSTICE ARIJIT PASAYAT
  • HON'BLE MR. JUSTICE LOKESHWAR SINGH PANTA
Eq Citations
  • (2011) 12 SCC 785
  • LQ/SC/2006/525
Head Note

for final hearing Constitution of India — Arts. 14, 16 and 335 — Reservation policy for OBCs — Validity of — Basic issues to be considered — Basis for determination/classification of OBCs — Modalities to be adopted for implementation of policy — Indicated