Ashoka Kumar Thakur v. Union of India (2008)
SC upheld the 93rd Amendment; found creamy layer principle applies to OBCs and not STs and SCs. The government must set reservation thresholds to ensure quality and merit do not suffer, and set a deadline to reach free and compulsory education for every child.
Recommended reviews of backwardness every 10 years.
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Indra Sawhney & Others v. Union of India (1993)
The constitution recognized social and educational backwardness, but not economic backwardness. The court upheld separate reservation for OBC in central government jobs, but excluded these to the "creamy layer". At no point should the reservation exceed 50%.
Judgement implemented, with 27% central government reservation for OBCs. However, some states denied the existence of the creamy layer, and a report commissioned by the supreme court was not implemented. The case was pressed again in 1999 and the supreme court reaffirmed the creamy layer exclusion and extended it to SCs and STs.
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M. Nagaraj v. Union of India (2006)
Reserved candidates are entitled to compete with the general candidates for promotion to the general post. On their selection, they are to be adjusted in the general post as per the roster and the reserved candidates should be adjusted in the points earmarked in the roster to the reserved candidates.[clarification needed] 8. Each post must be marked for the particular category of the candidate to be appointed, and any subsequent vacancy has to be filled by that category alone