INDIRA SAWHNEY versus UNION OF INDIA AND ORS.

INDIRA SAWHNEY versus UNION OF INDIA AND ORS.

In the absence of compliance and action by State of Kerala regarding identification of 'creamy layer', notwithstanding the enactment of Kerala State Backward Classes Act, 1995, the Supreme Court directed the appointment of a High Level Committee to carry out the identification of 'creamy layer' in accordance with the Mandal case.

Parties
Petitioner: Indira Sawhney; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
04 November 1996
Procedural Posture
Writ Petition (civil) / Interlocutory Application, Order Issued
Outcome
Petition disposed of
Legal Topics
Reservations, Backward Classes, Creamy Layer, Contempt of Court
Constitutional Law Administrative Law Reservations Backward Classes Creamy Layer Contempt of Court

Case Brief

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Parties

Indira Sawhney

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Interlocutory Application, Order Issued

Legal Issues

  1. 1 Non-implementation of Supreme Court directions regarding identification of 'creamy layer' among Other Backward Classes in Kerala
  2. 2 Compliance with Mandal case directions
  3. 3 Constitutionality of Kerala State Backward Classes [Reservation of Appointments or Posts in the Services Under the State] Act, 1995

Ratio Decidendi

In the absence of compliance and action by State of Kerala regarding identification of 'creamy layer', notwithstanding the enactment of Kerala State Backward Classes Act, 1995, the Supreme Court directed the appointment of a High Level Committee to carry out the identification of 'creamy layer' in accordance with the Mandal case.

Court Disposition

Petition disposed of

Orders

  • Chief Justice of Kerala High Court to appoint a retired Judge as Chairman of a High Level Committee with up to 4 members to identify 'creamy layer' among OBCs in Kerala within 3 months.
  • State of Kerala to provide all cooperation including expenses and honorarium as per Chief Justice's determination.