THE STATE OF HARYANA AND ANR DEPARTMENT OF PERSONNEL AND TRAINING SECRETARY vs YADAV KALYAN PARISHAD (REGISTERED) THROUGH ITS SECRETARY SUBE SINGH YADAV — SLP(C) No. 8701/2011
Case under 4301_5Jj-service Laws : Five Judge Matter Section IV-B. Status: PENDING.
CNR: SCIN010052852011
Filing Date
15-Feb-2011
Registration No
SLP(C) No. 8701/2011
Diary Number
5285/2011
Order Date
01-Aug-2024
Document Type
Judgement - of Main Case
Data as of 03-Jul-2026
Acts & Sections
Petitioner(s)
THE STATE OF HARYANA AND ANR DEPARTMENT OF PERSONNEL AND TRAINING SECRETARY
Adv. MONIKA GUSAIN (Dead / Retired / Elevated) [P-1] AKSHAY AMRITANSHU [P-1] AKSHAY AMRITANSHU [P-2]
Respondent(s)
YADAV KALYAN PARISHAD (REGISTERED) THROUGH ITS SECRETARY SUBE SINGH YADAV
Adv. BANKEY BIHARI SHARMA
Hearing History
Judge: HON'BLE MR. JUSTICE B.R. GAVAI, HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA and HON'BLE MR. JUSTICE K.V. VISWANATHAN
Next Week / Week Commencing / C.O.Week
Next Week / Week Commencing / C.O.Week
Fixed Date by Court
Fixed Date by Court
Fixed Date by Court
| Date | Purpose |
|---|---|
| 07-Nov-2024 | Next Week / Week Commencing / C.O.Week |
| 06-Nov-2024 | Next Week / Week Commencing / C.O.Week |
| 01-Aug-2024 | Fixed Date by Court |
| 08-Feb-2024 | Fixed Date by Court |
| 07-Feb-2024 | Fixed Date by Court |
Orders in this case
Common Record of Proceedings — heard with connected matters
Lead case: C.A. No. 2317/2011
Summary of SLP(C) No. 8701/2011: State of Haryana vs. Yadav Kalyan Parishad DECISION: The Supreme Court's Constitution Bench (7 judges) held that sub-classification of Scheduled Castes is constitutionally permissible for reservation purposes. KEY REASONING: The Court overruled the earlier 5-judge decision in E.V. Chinnaiah v. State of A.P. (which had prohibited such sub-classification). The majority found that: (1) Scheduled Castes are not a homogeneous class but heterogeneous with varying degrees of backwardness; (2) Article 341's "deeming fiction" does not create constitutional prohibition against sub-classification; (3) Indra Sawhney's principles permitting sub-classification of OBCs equally apply to Scheduled Castes; and (4) sub-classification does not violate Article 341(2) as no caste is included or excluded from the Presidential List—only differential treatment within the reserved quota is provided. IMPORTANT CAVEAT: Any sub-classification must be supported by empirical data demonstrating the "backward" status of the sub-group and inadequate representation in services. Additionally, several judges recommended excluding the "creamy layer" (socially/economically advanced members) from Scheduled Castes/Tribes to ensure benefits reach the truly disadvantaged. This case analysis is maintained by casestatus.in based on publicly available court records.
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