Pointing out that under the Act, every class has to be seen from the view of Socially and Educationally Backward Classes (SEBCs), Justice Balakrishnan observed that graduation and creamy layer were “two different concepts”.

Justice Balakrishnan, who headed the Constitution Bench in the OBC quota matter, pointed out that while earlier matriculation was the benchmark for determining the SEBCs, it has been raised to graduation.

He emphasised that “creamy layer” was not applicable to an individual and it would be applicable to a class. “Graduates cannot be clubbed with creamy layer. Social or economic status has to be seen not vis-à-vis an individual but an entire class or community,” he said.

Agreeing that it cannot pass a blanket order to all the HCs telling them not to issue any stay, it said the matter, if required, would have to be placed before the other judges of the Constitution Bench.