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TMI Blog1996 (11) TMI 487X X X X Extracts X X X X X X X X Extracts X X X X ..... site socioeconomic criteria to exclude socially advanced persons/sections ( creamy layer ) from other backward classes. The implementation of the impugned O.M. dated August 13,1990, shall be subject to exclusion of such socially advanced persons ( creamy layer ) This direction shall not however apply to states where the reservation in favour of backward classes are already in operation. They can continue to operate them. Such states shall however evolve the said criteria within six months from today and apply the same to exclude the socially advanced persons/sections from the designated Other Backward Classes . (Emphasis supplied) The Union of India as well as most of the States and Union Territories have complied with the abov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compliance of this Court s order. Again the matter came up on 10.7.1995. Even on that date no report of compliance was submitted to the Court: instead an affidavit sworn to by the Chief Secretary to the State was handed over explaining was delayed. After going through the Report, this Court observed as under: Even according to this affidavit the Government of India took a decision way back on 8th September, 1993 fixing the criteria for exclusion of socially advanced persons etc. Even therefore more than 1 1/2 years have elapsed. It appeals that the file moved from desk to desk and the implementation of this Court s order was delayed. We are far from happy about the manner in which the process of implementation of this Court s order h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uitful action on the part of the State of Kerala, this Court was compelled to consider the relevant scope, ambit and extent of its power to punish for contempt where the State Government is alleged to have failed to comply with the directions of this Court. For that purpose, the services of a senior counsel were requisitioned to assist the Court. In the meanwhile Writ Petition Nos. 699 and 727 of 1995 challenging the constitutionality of the Act passed by the State Legislature referred to above came to be filed. This Court by order dated 27.2.1996 directed those two writ petitions to be placed for disposal along with this matter. On 5.8.1996, learned counsel appearing on behalf of the State of Kerala sought some time to clarify the State of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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