CJI : we cannot gloss over the point of exclusion.... ... Is Sub-Classification Permissible Within SC/ST Categories? Live Updates From Supreme Court 7-Judge Bench Hearing [Day 1]

CJI : we cannot gloss over the point of exclusion. The same exclusion that applies to reservation per say when courses are reserved for backward communities, there is necessarily an exclusion of the forward community in competing for those courses , yet our constitutional jurisprudence permits it why, because we treat equality as a substantive equality not formal equality therefore.... the same applies for the reservation of the backward community is the block backward v. forward would also apply within the backward community because what we are also doing here, by the measurement s brought in by Punjab legislature was this that within the reservation of SCs 15.5 % of the 50% is for mazhabis and valmikis so to that extent the reservation is exclusively carved out for them, the other backwards castes cannot compete for those seats .... the only question now is this - can that exclusion not be justified on the same yardstick which we have applied in the exclusion of the backward v. forward context.