Social stratification among Muslims is a known and accepted fact. It is confirmed by sociologists and anthropologists worldwide and also by the Encyclopedia Americana and Britannica. Now the Ashraf Muslim leadership also confirms this social stratification of Ashraf, Ajlaf-Arzal groups of Muslims. Ashraf Muslim cannot be included in the OBC list because they are treated socially and educationally forward. Para 552 of the Mandal judgment has formulated the criterion for inclusion in the OBC list which is as under.
“552- The backward class of citizens referred to in Article 16(4) is the socially backward class of citizens whose educational and economical backwardness is on account of their social backwardness. A caste itself may constitute a class. However, in order to constitute a backward class the caste concerned must be socially backward and it’s educational and economical backwardness must be on account of its social backwardness. The economic criteria by itself cannot identify a class as backward unless the economic backwardness of the class is on account of its social backwardness.”
Nine judges Constitution bench judgement of Indira Sawhney v/s Union of India (Mandal case)