Table of contents

Introduction

Database

• Coram
• Bench
• Title of the case
• Citation
• Counsel for petitioners
• Counsel for the respondents
• Next hearing date

Issues raised

Facts of the case

Petitioner contentions

Respondents

Judgement

Critical analyses

Conclusion

Introduction

The Hon’ble Kerala High Court has dismissed the petition raised by a Hindu organization called Hindu Seva Kendram which demanded that Muslims, Latin Catholics, Christian Nadars, and Scheduled Castes converted to any denomination in Christianity, (hereinafter called as ‘Communities’) are not entitled to be treated as backward classes/socially and educationally backward classes in the State of Kerala and has imposed a cost of Rupees 25,000 (Rupees twenty-five thousand only).

Database

Issues raised

Whether these Communities are not entitled to be treated as backward classes/socially and educationally backward classes in the State of Kerala?

Whether reservation should be provided to the members of these communities for employments in Government services and public sector undertakings and in any instrumentalities under the State, as well as for education, in the State of Kerala?

Whether they are eligible for reservation under Articles 15(4) (5) and 16(4) of the Constitution of India?

Whether financial aids given to these communities shall be stopped?

Facts of the case

The petitioner i.e., Hindu Seva Kendram is a registered trust established for the purpose of fighting injustice against the Hindu community. This writ petition has been filed against the reservation provided to certain communities, including Muslims, treating them as socially and educationally backward, in spite of the fact that they are not socially and educationally backward anymore. The State of Kerala has provided reservation in employments in Government services and public sector undertakings and in any instrumentalities under the State, as well as for education, to these communities. The primary condition of being a backward class is, that a particular caste should be socially and educationally backward.

The Kerala State Commission for Backward Classes Act, 1993, and the Kerala State Backward Classes (Reservation of Appointments or Posts in the Services under the State) Act, 1995 have included these communities as socially and educationally backward class.

Petitioner contentions

The petitioners contend that the reservation given to the Christian community will encourage Conversion. They also present data that shows that the incentives provided by the Government had increased the educational status of the Muslims especially after the Muslims started getting employment in Gulf countries. Petitioner has further contended that the Government is bound to review the status of the communities, as early as in the year 2003 and thereafter, 2013, to find out as to whether there is any progress in the alleged backwardness of the communities. However, the Government had never reviewed it yet. As such, the petitioner had prayed for a direction to declare that Muslims, Latin Catholics, Christian Nadars, and Scheduled Castes converted to any denomination in Christianity are not entitled to be treated as backward classes/socially and educationally backward classes in the State.

Respondents

Respondents said that the Court has already issued directions to the Kerala State Commission for Backward Classes, as well as the Central Government, to finalize the evaluation of socially and educationally backward classes and submit recommendations to the State Government.

Respondents also referred Dr. Jaishri Laxmnrao Patil and others v. The Chief Minister & Others (Commonly known as Maratha’s case) in which the court held that the change brought about by the 102nd Amendment, especially to Article 342A is only with respect to the process of identification of Socially and Educationally Backward Communities and their list. Necessarily, the power to frame policies and legislation with regard to all other matters, i.e. the welfare schemes for Socially and Educationally Backward Communities, setting up of institutions, grants, scholarships, the extent of reservations and special provisions under Article 15(4), 15(5) and 16(4) of the Constitution of India are entire with by the State Government in relation to its institutions and its public services (including services under agencies and corporations and companies controlled by the State Government).

Furthermore, Article 338 of the Indian Constitution was amended and a new Article 338-B has been introduced by which, National Commission for Backward Classes was constituted. That apart, Article 342A after Article 342  of the Constitution of India has been brought into force, stipulating that the President may with respect to any State or Union Territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the socially and educationally backward classes which shall for the purposes of the Indian Constitution be deemed to be socially and educationally backward classes in relation to that State or Union Territory, as the case may be. There is a clear obligation and duty cast upon the Commission to study the socio-economic report and make necessary recommendations.

Respondents also state that without taking evidence and identifying the factual circumstances by a fact-finding authority, the relief sought for, with respect to percentage-wise appointment, in the public services, cannot be undertaken by this Court.

Judgement

The Hon’ble Kerala High Court held that the petitioners sought for a declaration from this Court under Article 226 of the Constitution of India, to declare that Muslims, Latin Catholics, Christian Nadars, and Scheduled Castes, converted to any denomination in Christianity, are not entitled to be treated as backward classes/socially and educationally backward classes, in the State of Kerala is wholly misconceived and untenable and the writ of mandamus cannot be granted. Even the petitioners prayed to stop all the financial aids given to these communities for educational and other social welfare activities, based on Sachar Committee and Paloli Committee reports, considering them as socially and educationally backward, also cannot be granted because of the reason mentioned above.  

The court further held that:

“We are of the view that the instant writ petition has been filed without any research, as to the legal position in Maratha’s case, which is binding under Article 142 of the Constitution of India. Petitioner has projected a case, as if the reservation is provided to the minority and other communities, in the State of Kerala, without any basis, and sought for a prayer to remove some of the communities from the list of backward classes/socially and educationally backward classes, on the grounds that their inclusion is contrary to the provisions of the Constitution.”  

Therefore, the Hon’ble Kerala High Court Imposed a fine of Rs.25,000/- (Rupees twenty-five thousand only) as costs, which should be created for providing financial aid to the children in the State of Kerala, suffering from rare diseases, within one month from the date of receipt of a certified copy of this judgment.

Critical analyses

Section 11 of the Kerala State Commission for Backward Classes Act prescribes that the Government may, at any time, and shall, at the expiration of 10 years from the coming into force of this Act, and every succeeding period of 10 years thereafter, undertake a revision of the list, with a view to excluding from such list those classes, who have ceased to be backward classes or for including in such list new backward classes. However, this list has not been updated yet and Muslims, Latin Catholics, Christian Nadars, and Scheduled Castes converted to any denomination in Christianity who are no longer socially and educationally backward continue to be a part of this list which discriminates against other Hindus of the State of Kerala because these communities despite having no such backward status enjoy reservation is jobs and other opportunities.

Conclusion

The petition was filed by Hindu Seva Kendram challenged that Muslims, Latin Catholics, Christian Nadars, and Scheduled Castes converted to any denomination in Christianity are not entitled to be treated as backward classes/socially and educationally backward classes in the State of Kerala.  The Hon’ble Kerala High Court Imposed a fine of Rs.25,000/- (Rupees twenty-five thousand only) as costs and dismissed the petition due to the lack of research.