Judgment

KULDIP SINGH, J.

(1) CONSTITUTIONAL validity of the criteria, for determining the "creamy layer" for the purpose of exclusion from backward classes, laid down by the States of Bihar and Uttar Pradesh, has been challenged in these writ petitions under Article 32 of the Constitution of India.

(2) A nine-Judge bench of this court in "Mandal case"- Indra Sawhney v. Union of India - authoritatively interpreted various aspects of Article 16(4 of the Constitution of India. While holding that Article 16(4 aims at group backwardness this court came to the conclusion that socially advanced members of a backward class - "creamy layer" - have to be excluded from the said class. It was held that the class which remains after excluding the "creamy layer" would more appropriately serve the purpose and object of Article 16(4.

(3) THE protective discrimination in the shape of job reservations under Article 16(4 has to be programmed in such a manner that the most deserving section of the backward class is benefited. Means test by which "creamy layer" is excluded, ensures such a result. The process of identifying backward class cannot be perfected to the ex