ISSUE:
Whether the order of the State of Mysore reserving 68% seats is justified under Article 15(4) of the Constitution?
Whether State governments have the authority to sub-divide backward classes into two categories – “backward” and “more backward” class?
RULE:
While adopting reservation to advance the weaker sections of society under Articles 15(4) and 16(4) of the Constitution, care must be taken not to exclude deserving candidates from other communities from admissions to higher educational institutions.
Special provisions for reservations should generally be less than 50%. However, the exact percentage within this limit is in the domain of the State government to decide.
Special provisions under Article 15(4) of the Constitution can be made by the Union or State governments by executive order.
“Class” under Article 15(4) of the Constitution is different from “caste”.