Updated on: Friday, October 29, 2010
But the judge later conceded that "religion can be one of the indicators of social backwardness of a class. Advocate Rajput argued that Article 15 makes exception for a social class, but a single community, such as Muslims, cannot be treated as a "homogeneous" class, as not all strata of that community are socially backward.
"The class in such a case must be homogeneous, Supreme Court has said in an earlier case," he said. But advocate Rodrigues pointed out that students whose parents earn more than Rs one lakh annually cannot take benefit of the scheme.
Since there is another PIL which deals with the same issue, division bench of Chief Justice Mohit Shah and Justice Chandrachud directed that both the PILs be clubbed together and adjourned hearing to December 9