Wilson concludes.
Wilson: We have one anomaly. In Tamil Nadu, these backward classes have not been still included in union list. What happens to them? They're reserved so far as state is concerned but not for central jobs.
CJI: They'll go in EWS then.
Wilson: Creamy layer will come into force.
Wilson: They say there cannot be judicial review. We're demonstrating that the edifice of constitution stands on several pillars, remove any one and it falls. One of the resolutions is equality- can that be removed?
Wilson: Double reservations argument- it's not double reservation, open category cannot be countered as double reservation.
Wilson: The argument that it is reasonable classification- they violate width test and guided test.
[Cites Ashoka Kumar Thakur]
Wilson: They say an extraordinary situation arose. The Sinho Commission or the bill don't talk about extraordinary situation. What is that extraordinary situation? Jayshree Patil says that when they're cut from mainstream. Here they're already in mainstream.
Wilson: One argument is that this is a watertight compartment. This compartment theory cannot be correct because the backward classes can compete in open categories.
[Cites two judgements to say that competing in open category cannot be countered by reserved]
Wilson: NSSO doesn't relate to social conditions or backward classes.
Wilson: Reliance on Sinho data and NSSO data will not help them establish any reservation. It's not empirical data.