Kumar: 100 posts are divided into 5 categories- SCs have 15, STs 7.5, SEBCs 27 and EWS 10. Now what are these 60 posts? They're going to be distributed according to the communal GO- 15(6) and 16(6).
So 60% posts to be divided. Now the remaining 50% are subdivided in 10 and 40.
Kumar: That is the bedrock of equality code.
Kumar: Caste are included and what are now included are only caste.
Kumar: One of the substantial arguments in defence of EWS quota is that SC/ST/SEBCs are given...before that let me show that
Backward classes also constitute a collection of tribes and castes.
[Refers to para 779,780, 781, 782 of Indra Sawhney]
Kumar: It is only under 15(6) or 16(6) that they are eliminated.
Kumar: Equality code is turned upside down. Article 341 and 342 are sufficient to determine. 341 may not be a FR, but it's basic structure.
Justice Bhat asked what scholarships are provided. I'll place a list on all benefits- in not a single case are SC/STs eliminated.
Kumar: Both impact test and identity test are answered in affirmative. If we lift the veil from these EWS, who are eliminated?
Kumar: Suppose a similar provision was being made that all positions in Indian Navy are for men and not women because women already have benefits. Would it be permissible? The court has already held that it's not permissible.
Kumar: Put on the glasses and see who are the ones affected. Are they not castes and tribes? It is a clear indication that these two provisions have destroyed the Equality code by allowing race and sex to be grounds of discrimination.
Kumar: All these tribes have been eliminated only because of their race. Are they not entitled to anything that is done for benefit of poor? Would it not offend the basic structure. I fall back on the impact test.