ORDER :

1. When the listed matters were called for hearing for the purpose of grant of leave, Mr. K.K. Venugopal, learned Attorney General of India, placed before us an order passed by two-Judge Bench in Civil Appeal Nos. 4562-4564 of 2017 (The State of Tripura & Ors. vs. Jayanta Chakraborty & Ors.) and other connected matters, which states as under:-

“The questions posed in these cases involve the interpretation of Articles 16(4), 16(4A) and 16(4B) of the Constitution of India in the backdrop of mainly three Constitution Bench decisions – (1)"Indra Sawhney and others v. Union of India and others, (1992) Supp. (3) SCC 217, (2) E.V Chinnaiah v. State of A.P. and others, (2005) 1 SCC 394 and (3) M. Nagaraj and others v. Union of India and others, (2006) 8 SCC 212. One crucially relevant aspect brought to our notice is that Nagaraj (supra) and Chinnaiah (supra) deal with the disputed subject namely backwardness of the SC/ST but Chinnaiah (supra) which came earlier in time has not been referred to in Nagaraj(supra). The question of further and finer interpretation on the application of Article 16(4A) has also arisen in this case. Extensive arguments have been advanced from both sides. Th