NAIR SERVICE SOCIETY Vs. STATE OF KERALA

JUDGEMENT

(1.) In these petitions, interpretation of this Court's judgment as regards identification of 'creamy layer' amongst the backward classes and their exclusion from the purview of reservation, vis -a -vis; the report of Justice K.K. Narendran Commission (hereinafter referred to as 'Narendran Commission') and acceptance thereof by the State of Kerala in issuing the irnpugned notification dated 27.5.2000, falls for our consideration in this writ petition by the Nair Service Society ('the Society'), a Society which was initially registered under Section 26 of the Travancore Companies Act, 1914 and after coming into force the Companies Act, 1956, it would be deemed to have been registered under Section 25 thereof. The objects of the Society are said to be?

(2.) It is not in dispute that it had filed a writ petition before the Kerala High Court questioning the validity of the report commonly known as Mandal Commission Report. The writ petition was later on transferred to this Court. It also took part in the proceedings before Narendran Commission. Mandal Commission Report was accepted by Union of India.

(3.) A writ petition was filed before this Court, questioning the said action on the part of the Union of India by one Indra Sawhney This Court; in its judgment in Indra Sawhney and Ors. v. Union of India and Ors.1 (hereinafter referred to as 'Indra Sawhney -l'), inter alia, directed the States to identify 'creamy layer' amongst the backward classes and exclude them from the purview of reservation.