Page:Eastern Book Company & Ors vs D.B. Modak & Anr.pdf/17

http://JUDIS.NIC.IN Government or other authority to identify a backward class of citizens on the basis of occupation-cum-income, without reference to caste, if it is so advised. (Para 91)

(5) There is no constitutional bar to classify the backward classes of citizens into backward and more backward categories. (Para 92)

(d) ‘Creamy layer’ can be, and must be excluded.(Paras 790-793)

(e) It is not necessary for a class to be designated as a backward class that it is situated similarly to the Scheduled Castes/ Scheduled Tribes. (Paras 794 and 797)

(f) The adequacy of representation of a particular class in the services under the State is a matter within the subjective satisfaction of the appropriate Government. The judicial scrutiny in that behalf is the same as in other matters within the subjective satisfaction of an authority. (Para 798)

(4) (a) A backward class of citizens cannot be identified only and exclusively with reference to economic criteria. (Para 799)

(b) It is, of course, permissible for the Government or other authority to identify a backward class of citizens on the basis of occupation-cum-income, without reference to caste, if it is so advised. (Para 800)

(5) There is no constitutional bar to classify the backward classes of citizens into backward and more backward categories. (Para 801 to 803)

11. Verification of first word of quoted extract and