Kerala HC rejects plea against reservation for designated backward classes; imposes costs

In a key verdict recently, the Kerala High Court rejected the plea of Hindu Seva Kendram challenging reservation for Muslims, Latin Catholics, Christian Nadars and SCs converted to Christianity. The division bench of Justices S Manikumar and Shaji Chaly was hearing a plea seeking a direction that the aforesaid communities should not be treated as Socially and Educationally Backward Classes. It also demanded that the National Commission for Backward Classes should prepare afresh the list of backward classes eligible for reservation.

According to the petitioner, Muslims and certain sections of Christians are provided with reservations in educational institutions as well as in jobs though a majority of them are not socially or educationally backward. Citing the Supreme Court's verdict in the Maratha reservation case, the Advocate General submitted that the list of the backward classes prepared by states would remain valid until the President identifies the Socially and Educationally Backward Classes. The HC agreed with this line of argument. It held that certain communities have been recognized as minorities, SCs/STs, backward and Other Backward communities and given reservation as per statutory provisions. 

Petitioner slapped with costs

The bench ruled, "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 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". It described the petitioner's demands as "wholly misconceived and untenable". 

It added, "Instant writ petition, filed for a declaration to cancel the reservation provided to certain communities, including Muslims, Latin Catholics, Christian Nadars and Scheduled Castes, as well as other prayers, deserves to be dismissed with costs". The bench ordered the petitioner to deposit Rs.25,000 within a month's time in a specific bank account created for providing financial aid to children suffering from rare diseases. In case of default, proceedings under the Kerala Revenue Recovery Act will be initiated.