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    <title>2008 (4) TMI 775 - Supreme Court</title>
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    <description>Article 15(5) was treated as a valid enabling provision for reservation in State-maintained and aided educational institutions, while its application to private unaided institutions was left open. Reservation for Other Backward Classes under the Central Educational Institutions (Reservation in Admissions) Act, 2006 was sustainable only if backwardness was not identified by caste alone and the creamy layer was excluded. Caste could serve only as a starting point, with advanced sections excluded to preserve a genuinely backward class. The Government of India Office Memorandum dated 8.9.1993 governed creamy layer determination. The 27% OBC reservation was upheld subject to this constitutional construction.</description>
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