Summary
These connected matters raised constitutional questions about reservation, including the treatment of SC/ST backwardness under Nagaraj and Chinnaiah and creamy-layer issues within notified groups. The Court referred them for Constitution Bench consideration and left interim relief to that Bench.
Issues
- Whether the constitutional questions concerning Articles16(4),16(4A) and16(4B) required Constitution Bench consideration.
- Whether interim relief should be decided by the referring Bench.
Held
- The Court noted that the earlier Chinnaiah decision had not been referred to in Nagaraj despite their relevance to SC/ST backwardness, and that further questions arose on Article16(4A) and creamy-layer principles. These were issues for consideration, rather than final holdings modifying the reservation law. (¶ 1)
- Given the questions, the matters were required to be heard by a Bench satisfying Article145(3). The files were directed to be placed immediately before the Chief Justice of India. (¶ 2)
- Interim relief was also left for the Constitution Bench. Parties were free to mention urgency before the Chief Justice; no substantive interim relief was granted in this order. (¶ 3)
Result
Matters directed to be placed immediately before the Chief Justice of India for an appropriate Constitution Bench. Merits and interim relief left for that Bench, with liberty to mention urgency.