Editing Other Backward Class (section)

===Supreme Court conclusions from Ashoka Kumar Thakur vs. Union of India===
{{Unreferenced section|date=November 2021}}
# The Constitution (Ninety-Third Amendment) Act, 2006 does not violate the "basic structure" of the Constitution so far as it relates to the state-maintained institutions and aided educational institutions. The question of whether the Constitution (Ninety-Third Amendment) Act, 2006 would be constitutionally valid or not so far as "private unaided" educational institutions are concerned, is left open to be decided in an appropriate case.
# The "[[creamy layer]]" principle is one of the parameters to identify backward classes. Therefore, principally, the "creamy layer" principle cannot be applied to STs and SCs, as SCs and STs are separate classes by themselves.
# Preferably there should be a review after ten years to take note of the change of circumstances.
# A graduation (not technical graduation) or professional course deemed to be educationally forward.
# Principle of exclusion of [[creamy layer]] applicable to OBC's.
# The Central Government shall examine the desirability of fixing cut-off marks in respect of the candidates belonging to the Other Backward Classes (OBCs) to balance reservation with other societal interests and to maintain standards of excellence. This would ensure quality and merit would not suffer. If any seats remain vacant after adopting such norms they shall be filled up by candidates from general categories.
# So far as the determination of backward classes is concerned, a notification should be issued by the Union of India. This can be done only after the exclusion of the creamy layer for which necessary data must be obtained by the Central Government from the State Governments and Union Territories. Such Notification is open to challenge on the grounds of wrongful exclusion or inclusion. Norms must be fixed keeping in view the peculiar features in different States and Union Territories. There has to be proper identification of Other Backward Classes (OBCs). For identifying backward classes, the Commission set up under the directions of this Court in Indra Sawhney 1 has to work more effectively and not merely decide applications for inclusion or exclusion of castes.
# The Parliament should fix a deadline by which time free and compulsory education will have reached every child. This must be done within six months, as the right to free and compulsory education is perhaps the most important of all the fundamental rights (Art.21 A). Without education, it becomes extremely difficult to exercise other fundamental rights.
# If material is shown to the Central Government that the Institution deserves to be included in the Schedule (institutes which are excluded from reservations) of The Central Educational Institutions (Reservation in Admission) Act, 2006 (No. 5 of 2007), the Central Government must take an appropriate decision based on materials placed and on examining the concerned issues as to whether Institution deserves to be included in the Schedule of the said act as provided in Sec 4 of the said act.
# Held that the determination of SEBCs is done not solely based on caste and hence, the identification of SEBCs does not violate Article 15(1) of the Constitution.