THE STATE OF TRIPURA & ORS.versusJAYANTA CHAKRABORTY & ORS.

                       (2017] I l S.C.R. 247



               THE STATE OF TRIPURA & ORS.                             A
                                 v.
              JAYANTA CHAKRABORTY & ORS.
               (Civil Appeal Nos. 4562-4564 of2017) ·
                      NOVEMBER 14,2017                                 B
       [KUIUAN JOSEPH AND R. BANUMATHI, JJ.]
       Constitution of India - Arts. 16(4), 16(4A) and 14(4B) -
Interpretation of - Petitioners pleaded for a re-look of Nag11raj
case specifical(i' on the ground that test of backwardness ought not   C
to be applied to SC/ST in view of Indra Sawhncy case and Chinnaiah
case - Questions were also raised about application of the principle
of creamy layer in situations of competing claims within the same
races, communities, groups or parts thereof. of SC/ST notified by
the President .u/Arts. 341 and 342 - Held: Having regard to the
questions involved, case required to be heard by a Bench as per the    D
Constitutional mandate u/Art.145(3) - Matter lo be placed before
Hon 'b/e the Chief Justice of India.
      Indra Sawhney and others v. Union of India and others
      (1992) Suppl. 3 SCC 217 : (1992) 2 Suppl. SCR 454;
      E.V Chinnaiah v. State of A.P. and others (2005) 1 SCC           E
      394 : (2004) 5 Suppl. SCR 972; M. Nagarcif and others
      v. Union a/India and others (2006) 8 SCC 212 : (2006]
      7 Suppl. SCR 336; Sura} Bhan Meena and Another v.
      State o/Rajasthan and others (2011) 1 SCC 467: (2010)
      14 SCR 532; Uttar Pradesh Power Co1poration Limited
      v. Rajesh Kumar and others (2012) 7 SCC 1 : [2012) 4             F
      SCR 118; S. Panneer Selvam and others v. State a/Tamil
      Nadu and others (2015) IO SCC 292; Chairman and
      Managing Direc/01; Ce111ral Bank of India and others
      v. Central Bank of India SC/ST Employees Welfare
      Association and at.hers (2015) 12 SCC 308 : [2015[ 1             G
      SCR 55; Suresh Chand Gautam v. Stale o/Ullar Pradesh
      and others (2016) 11 SCC 113 : [2016) 1 SCR 727 -
      referred to.


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                             247
248            SUPREME COURT REPORTS                        (2017] I l S.C.R.


A                             Case Law Reference
      ( 1992] 2 Suppl. SCR 454         referred to              Para I
      (2004] 5 Suppl. SCR 972          referred to              Para 1
      I 2006] 7 Suppl. SCR 336         referred to              Para I
B     (2010] 14 SCR 532                referred to              Para I
      (2012) 4 SCR 118                 referred to              Para 1
      (2015) 1o sec 292                referred to              Para I
      (2015) I SCR 55                  referred to              Para I
c     [2016) 1 SCR 727                 referred to              Para 1
            CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4562-
      4564 of2017.
            From the Judgment and Order dated 09.04.2015 of the High Court
D     ofTripura atAgartala in Writ Petition (Civil) No. 189 of 2011 and l 09 of
      2011 and Writ Petition (Civil) No. 124 of20J2.
                                       WITH
           Contempt Petition (C) No. 11 of2017 in SLP (C) No. 19765 of
      2015@ SLP(C)Nos.19765-19767of2015
 E
           Contempt Petition (C) No. 13 of 2017 in SLP (C) No. 19767 of
      2015@ SLP(C) Nos. 19765-19767 of2015
            C.A. Nos. 5247.11817, 11816, 11820, 11822-11825, 11837-11840,
      11842-11845. 11829-11832, 11847-11850, II 828 of2016

 F         C.A. Nos. 4880, 4878-4879, 4876-4877, 4881, 4833, 4882, 701-704
      of2017                                                   ·
            and
            Diary No. 31145of2017
 G           Indira Jaising, P. S. Patwalia, A. Mariarputham, Nidhcsh Gupta,
      V. Shekhar, R. S. Suri. Sanjay R. Hcgde. Subramanium Prasad, Dr. Raj iv
      Dhavan, Dincsh Dwivcdi, Sr.Ad vs., Ms.Ajita Sharma, Ms. Shashi Kiran,
      Prakash Sharma, D. S. Parmar, Ms. Abba R. Sharma, Gopal Singh,
      Rituraj Biswas, Manish Kumar, Pranab Prakash, Shivam Singh,Aditya
      Raina, Shreyas Jain, Kumar Milind, Ms. Ambika Gutam, Ms. Aruna
H
         THE STATE OF TR!PURA & ORS. v. JAYANTA                          249
                 CHAKRABORTY & ORS.

Mathur, Yusuf Khan, Avneesh Arputham, Ms. Anuradha Arputham, A
Ms. Simran Jeet (For Mis. Arputham Aruna and Co.), Manoj Gorkela,
Ms. Priya Sharma, Anuj Saxena, Ms. Shashi Kiran, Tarun Gupta, Puneet
V. N, Mishra Saurabh, Manoj Gorkcla. Ms. Priya Sharma, Kumar
Parimal,Aniruddha P. Mayee, P. Soma Sundaratn, Ms. Sujaya Bardhan,
Nishant Singh, Krishnam Mishra, Yasharth Kant, Naresh Kaushik
                                                                        B
Vardhman Kaushik Syed Mccsar L, Mrs. Lalita Kaushik, S. J. Amith,
Dr. (Mrs.) Vipin Gupta, Dr. Krishan Singh Chauhan Ajit Kumar Ekka,
Ravi Prakash, Murari Lal, Chand Kiran, R. S. M. Kalky, Ms. Charu
Lata Chaudhary, B. Sridhar, Sandcep Devashish Das, Gaurav Agrawal,
Samir Ali Khan, M. Shocb Alam. Ms. Fauzia Shakil, Ujjwal Singh, Mojahid
Karim Khan, M. K. Dua, Ms. Prerna Mehta, Ms. A. Sumathi, Advs. c
for the appearing parties.
      Respondent-in-Person.
      The following Order of the Court was delivered:
                              ORDER                                      D
       The questions posed in these cases involve the interpretation of
Articles 16(4), 16(4A) and 16(4B) of the Constitution of India in the
backdrop of mainly three Constitution Bench decisions - (!)Indra
Sawhncv and others v, Union of India and others 1, (2) E.V
Chinn:1iah v. State of A.P. and others' and (3) M. Nagaraj and E'
others v. Union of India and others'. One crucially relevant aspect
brought to our notice is that Nagaraj (supra) and Chinnaiah (supra)
deal with the disputed subject namely backwardness of the SC/ST but
Chinnaiah (supra) which came earlier in time has not been referred to
in Nagaruj (supra). The question offu11hcr and finer interpretation on
the application of Article I 6(4A) has also arisen in this case. Extensive F
arguments have been advanced from both sides. The petitioners have
argued for a re-look of Nagaraj (supra) specifically on the ground that
test of backwardness ought not to be applied to SC/ST in view oflndra
Sawhnev (supra) and Chinnaiah (supra). On the other hand, the counsel
for the respondents haw referred to the ca,cs of Suraj Bhan Mccna G
and Another v. State of Rajasthan and others': Uttar Pradesh Power

'1992 Supp (3) sec 211
1
  12005) 1 sec 394
' (2006) 8sec~12
4(2011) 1 SCC467
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250            SUPREME COURT REPORTS                                 [2017] 11 S.C.R.


A     Corooration Limited v. Rajcsh Kumar and others': S. Pannccr
      Sclvam and others v. State of Tamil Nadu and others"; Chairman
      and Managin~ Director, Central Bank of India and others v.
      Central Bank of India SC/ST Enmlovees Welfare Association and
      others7and Sur~sh Chand Gautam v. State of Uttar Pradesh and
      others ' to cont~nd that the request for a revisit cannot be entertained
B
      (1d nauseam. However, apart from the clamour for revisit, further
      questions were lllso raised about application of the principle of creamy
      layer in situations of competing claims within the same races,
      communities, groups or parts thcreofofSC/ST notified by the President
      under Articles 341and342 of the Constitution oflndia.
c            2. Having regard to the questions involved in this case, we are of
      the opinion that this is a case to be heard by a Bench as per the
      constitutional mandate under Article 145(3) ofthe Constitution oflndia.
      Ordered accordingly. Place the files before the Hon 'blc Chief Justice of
      India immediately.
D           3. Though the learned counsel have pressed for interim relief, we
      are of the view that even that stage needs to be considered by the
      Constitution Bench. The parties are free to mention the urgency before
      the Hon 'ble Chief Jttstice oflndia.


      Ankit Cyan              Matter to be plac~·d before Hon 'blc CJI for appropriate Bench.




      '(2012i 1sec1
      '(20I5J 10 sec 292
      '(2015) 12SCC308
      '(2016) 11 sec 113