ORDER

1. In what is known as Mandai case JT 1992 (6) SC 673, 1992 Supp(3) SCC 210 which was delivered on 16-11-1992 certain directions were given to the Union of India, State Government and also the Administration of Union Territories. Direction (B) reads as

follows:

(B) Within four months from today the Government of India shall specify the bases applying the relevant and requisite socio-economic criteria to exclude socially advanced persons/sections (creamy layer) from other backward classes. The implementation of the impugned O.M. dated August 13, 1990, shall be subject to exclusion of such socially advanced persons (creamy layer).

This direction shall not however apply to States where the reservations in favour of backward classes are already in operation. They can continue to operate them. Such States shall however evolve the said criteria within six months from today and apply the same to exclude the socially advanced persons/sections from the designated Other Backward Classes"

2. The Union of India as well as most of the States and Union Territories have complied with the abovesaid directions of this Court, Some States including the State of Kerala came up before this Court