Can affirmative action program giving employment preference to Indians offend against Section 6(1)(b)?

The affirmative action program giving employment preference to Indians is said to offend against Section 6(1)(b). It does not, of course, discriminate against the Indians affected. Rather it is said to be a "reverse discrimination" against all persons other than those Indians because of the race of the Indians; thus it is caught by the final words of Section 6(1) "because of the race ... of any other person". The program discriminates against non-Indians because whenever there is a finite number of persons seeking some advantage (in this case employment), to prefer one because of his race is to the disadvantage of another because of the race of the first person. While different statutory and constitutional provisions are involved, the United States case of Regents of The University of California v. Bakke (1978) 98 S. Ct. 2733 is said to apply.