Supreme Court Holds Sub-Classification Of SC And ST Permissible 

Delhi/Hyderabad, Aug 1 (Maxim News): In a landmark judgment, the Supreme Court on Thursday upheld the power of States to sub-classify reserved category groups, viz. the Scheduled Castes and Scheduled Tribes (SC/STs), into different groups based on their inter se backwardness for extending the benefits of reservation [State of Punjab and Ors vs Davinder Singh.

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A seven-judge Constitution bench of Chief Justice of India (CJI) DY Chandrachud with Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma overruled the 2005 judgment of EV Chinnaiah v. State of Andhra Pradesh which had held that sub-classification of SC/STs…

Chilkur priest welcomes Supreme Court Judgement on SC Sub classification.  Chilkur Rangarajan congratulates Manda Krishna MRPS for the sustained efforts towards this victory. The Chilkur priest reminded that the Thiruppan Alwar Community today are the lowest in the ladder and have been denied all the benefits for these many years. Creamy layer implementation will resolve such long pending inequalities within the SC category.

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In a landmark judgment, the Supreme Court on Thursday upheld the power of States to sub-classify reserved category groups, viz. the Scheduled Castes and Scheduled Tribes (SC/STs), into different groups based on their inter se backwardness for extending the benefits of reservation [State of Punjab and ors vs Davinder Singh and ors].

A seven-judge Constitution bench of Chief Justice of India (CJI) DY Chandrachud with Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma overruled the 2005 judgment of EV Chinnaiah v. State of Andhra Pradesh which had held that sub-classification of SC/STs is contrary to Article 341 of the Constitution which confers right on the President to prepare the list of SC/STs. Justice Bela Trivedi dissented from the majority and ruled that such sub-classification is not permissible.

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The Court upheld the Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006 in this regard.

“The members of SC/ST are not often able to climb up the ladder due to the systemic discrimination faced. Article 14 permits sub-classification of caste. The Court must check if a class is homogeneous or and a class not integrated for a purpose can be further classified,” the Bench said, pronouncing its judgment.

The Court upheld the validity of laws that provide for such sub-classification in Punjab, Tamil Nadu, and other states.

Likewise, it upheld the Tamil Nadu Arunthathiyars (Special Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State within the Reservation for the Scheduled Castes) Act, 2009 which provides reservation for Arunthathiyars in educational institutions and State government positions within the State’s 18% reservation for Scheduled Castes. (Maxim News) 

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