Kerala High Court dismisses 'poorly researched' petition by Hindu organisation challenging minority quota; imposes cost of Rs. 25,000

The Kerala High Court has dismissed a petition by a Hindu organisation that sought a declaration to cancel the reservation and financial aid provided to certain communities, including Muslims, Latin Catholics, Christian Nadars and Scheduled Castes and imposed cost of Rs. 25,000. .A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly, while dismissing the petition with costs, strongly rebuked the petitioner, Hindu Seva Kendram for not having done proper research before filing the petition. ."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....Instant writ petition deserves to be dismissed with costs," the Court ordered. .The Court directed the petitioner to deposit the amount in the account created for providing financial aid to the children in the State of Kerala, suffering from rare diseases, within one month. In the event of default, proceedings under the Kerala Revenue Recovery Act shall be initiated, the Court added. .Advocate R Krishnaraj, appearing for the petitioners, submitted that the State of Kerala has decided to include Muslims, Latin Catholics, Christian Nadars and Scheduled Castes converted to Christianity, in the list of other backward classes, for the purpose of providing education and employment..He highlighted that as per Articles 15(4) and 16(4) of the Constitution of India, the State can make any special provision for the advancement of any socially and educationally backward class of citizens. .He questioned whether the communities mentioned can actually be considered educationally or socially backward and submitted that neither Muslims nor Christians had any social backwardness, when compared to Scheduled Castes and backward Hindus..Advocate General K Gopalakrishna Kurup made his arguments primarily on the basis that the contentions of the petitioner are covered by the judgement of the Supreme Court in Dr. Jaishri Laxmnrao Patil and others v. The Chief Minister & Others, commonly referred to as the Maratha's case..This judgement had declared that until the list of socially and educationally backward classes is prepared by the President, the States are tasked with governing the field..Further, he submitted that by a gazette notification dated September 10, 1993, some of the communities have been identified as backward classes/State-wise socially and educationally backward classes, and accordingly, reservation as per the orders of Government of India and State has been provided..The Court saw merits in the arguments advanced by the State and declared that the prayers by the petitioner are wholly misconceived and untenable and proceeded to dismiss the petition.."When the Central or State Government, as the case may be, have already issued notifications, declaring certain communities as minorities, Scheduled Caste/Scheduled Tribes, backward classes/socially and educationally backward classes, in the State of Kerala, as stated supra, and when the power of such declaration is conferred on the President of India, we are unable to comprehend as to how, the petitioner has 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," the Court said..A similar case was filed at the Kerala High Court this week which requested that the Court issue directions to the Centre to merely re-assess the list of minorities. That petition is pending before the Court. .PIL in Kerala High Court alleges Muslims, Christians pampered in the State; minority status should be reassessed.[Read Order]