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2007 Supreme(SC) 380

LOKESHWAR SINGH PANTA, ARIJIT PASAYAT
Ashoka Kumar Thakur – Appellant
Versus
Union of India – Respondent


JUDGMENT

Dr. Arijit Pasayat, J.—In this I.A. prayer has been made to grant interim protection pending final disposal of the writ petitions.

2. In the writ petitions the policy of 27% reservation for the Other Backward Classes (in short the ‘OBCs’) contained in the Central Educational Institutions (Reservation in Admission) Act, 2006 (in short the ‘Act’) is the subject matter of challenge. The primary ground of challenge is that the Union of India has failed in performing the constitutional and legal duties toward the citizenry and its resultant effect. Consequentially the Act shall have the effect and wide ramifications and ultimately it shall have the result in dividing the country on caste basis. It would lead to chaos, confusion, and anarchy which would have destructive impact on the peaceful atmosphere in the educational and other institutions and would seriously affect social and communal harmony. The constitutional guarantee of equality and equal opportunity shall be seriously prejudiced. It has been contended that a time has come to replace the “vote bank” scenario with “talent bank”. The statute in question, it is contended, has lost sight of the social catastrophe it is lik
































































































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