Sub-classificaion within the Non-creamy layer is unconstitutional Supreme court

The Supreme Court set aside the notification which was issued by the State of Haryana in this notification the state govt. determined the Creamy Layer from the backward class solely on the basis of Economic criteria.

And Supreme Court said that the State Govt. committed a blunder error while doing so and also said to issue a fresh notification within 3 months, but the court neither said anything about other conditions of the notification not disturbed it.

In this notification the Haryana govt. gave two sole basis on which the backward class can take the benefit of reservation. Those whose gross income is 3 lakh shall first to get the benefit of the reservation and those whose gross income is 3 to 6 lakh shall get the left quota of the reservation. And those whose income is more than 6 lakh per annum shall be considered as Creamy Layer.

The court also said that the sub-classification within the non-creamy layer is unconstitutional.

The court also cited the main observation of Indra Sawhney vs UOI (INDRA SAWHNEY II) and said that non-exclusion of creamy layer or inclusion of forward castes in the list of backward classes is totally illegal. It warned that the illegality attacking the root of the constitution cannot be allowed to be perpetuated even by a Constitutional Amendment.

So the court quash the notification which was issued by the State of Haryana on 17.08.2016.

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