Divan: After the 102nd Amendment, socially and educationally backward classes were defined as per Art. 15(4). States can therefore make special provisions, but only for those classes as have been notified under Art. 342A(1).

Divan: Here, there was no consultation between the President and the Governor as required under 342A. There was no consultation with the Commission by the State. In a judgement, it was held that reservation is not a fundamental right.