ASHOK KUMAR THAKUR versus STATE OF BIHAR AND OTHERS

ASHOK KUMAR THAKUR versus STATE OF BIHAR AND OTHERS

The criteria laid down by States of Bihar and Uttar Pradesh for identification of 'creamy layer' are arbitrary, not severable, contrary to the Supreme Court's Mandal case guidelines, violative of Articles 14 and 16(4), and liable to be quashed. States must follow Government of India guidelines for creamy layer exclusion.

Parties
Petitioner: Ashok Kumar Thakur; Respondents: State of Bihar and Others
Jurisdiction
India
Judgment Date
04 September 1995
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petitions allowed
Legal Topics
Reservation Policy, Backward Classes, Creamy Layer Exclusion, Fundamental Rights Under Articles 14 and 16(4)
Constitutional Law Public Employment Law Reservation Policy Backward Classes Creamy Layer Exclusion Fundamental Rights Under Articles 14 and 16(4)

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Parties

Ashok Kumar Thakur

Petitioner

State of Bihar and Others

Respondents

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether criteria for determining 'creamy layer' by States of Bihar and Uttar Pradesh are constitutionally valid
  2. 2 Whether the criteria violate Articles 14 and 16(4) of the Constitution
  3. 3 Whether the State criteria are contrary to the guidelines laid down in Indra Sawhney (Mandal case)

Ratio Decidendi

The criteria laid down by States of Bihar and Uttar Pradesh for identification of 'creamy layer' are arbitrary, not severable, contrary to the Supreme Court's Mandal case guidelines, violative of Articles 14 and 16(4), and liable to be quashed. States must follow Government of India guidelines for creamy layer exclusion.

Court Disposition

Petitions allowed

Orders

  • Criteria for creamy layer identification laid down by Bihar and U.P. quashed (except clause 1 of Schedule III to Bihar criteria).
  • Ordinance/Act amending Bihar reservation quashed (except clause 1 of Schedule III).