P V INDIRESAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal raises a short but important question relating to the implementation of the 27% reservation for other backward classes (for short OBCs) in Central Educational Institutions under the Central Educational Institutions (Reservation in Admission) Act, 2006 (Act No. 5 of 2007) (for short CEI Act). The question relates to the meaning of the words "cut-off marks" used in the clarificatory order dated 14.10.2008 in P.V. Indiresan and Ors. v. Union of India (2009) 7 SCC 300, in regard to the decision of the Constitution Bench in Ashoka Kumar Thakur v. Union of India, (2008) 6 SCC 1. Background

(3.) The constitutional validity of the Constitution (Ninety-third Amendment) Act, 2005 as also the constitutional validity of CEI Act were considered and upheld by a Constitution Bench of this Court on 10.4.2008 reported in Ashoka Kumar Thakur v. Union of India (for short A.K. Thakur). Four separate opinions were rendered in the said decision by the learned Chief Justice of India, Pasayat J. (for himself and Thakker J), Raveendran J. (one of us) and Bhandari J. On the basis of the four opinions, the Constitution Bench formulated the following common order on which there was unanimity: