Bench dictates the order :

"On October 7 2021 when proceedings were taken up, an opportunity was granted to the Union to file an affidavit the basis for adopting the fixing the 8 lakh limit for determining EWS Category. In addition to Ministry of Health and Family Welfare, , Ministry of Social Justice & DoPT were directed to be impleaded. ASG has sought instructions that he’ll file affidavit. We have formulated some issues.

These are the issues :

1. Whether Centre undertook an exercise before arriving at the Rs 8 lakhs criteria to determine EWS.

2. If the answer is affirmative then is the criteria based on Sinho commission report and if so place report on record in this court.

3. The income limit for determining creamy layer in OBC and EWS is same that is 8 lakhs. While in OBC economically progressed is excluded so that social backwardness diminishes, in EWS it is done to include the segments. Therefore the income criterion in OBC which is based on exclusion and in EWS is based on inclusion. In such a scenario it would be arbitrary to provide similar income limit for EWS and OBC.

4. Whether difference in rural and urban purchasing power has been accounted for while deriving this limit ?

5 . Whether on what basis asset exception has been arrived at and has any excercise been undertaken for the same ?

While we grant liberty Centre to bring full record before us, the court must be apprised of on what basis has the EWS income criterion been arrived at.

It would be necessary for Centre to disclose before the court the nature of exercise undertaken in accordance with Article 15(2). We make it clear that we are not entering area of policy but need the disclosure for adhering to constitutional principles"