Nafde : second submission is, the court is adding words to article 341 which do not exist in it. the court is adding words. and the last limb with the CJI mentioned....this reason according to me runs counter to the concept of classification. Now it is a settled law that SCs are also a class and 15(4) and 16(4) deal with also class. In Chinnaiah case there was report of Justice Raju who collected imperial data...on the basis of which the classification was made into A,B,C, and D. Now this classification of the SC must also pass the test of classification with lordships have laid down - intelligible differential, nexus to the object , if these two tests are satisfied where is the question of going into subclassification and say it is violative of 14. .... the court has not taken to account imperical data, no factual foundation, the court has not applied the test of article 14

Gavai J : if the court comes to the conclusion, where is the question of going into imperical data

Nafde : per say it is violative of 14, this is where the difference starts. for classification of OBC as in indira sahwney, what is the test they apply? same test of 14