Kerala HC Dismisses With 25k Cost, The Plea Seeking Removal Of Muslims, Certain Christians From List Of Backward Classes And To Stop Govt Benefits

Factual Background

• The petitioner is a registered Trust that fights injustice against the Hindu Community.
• Muslims and sections of Christians are given reservation in education and jobs in the State, even when majority of them did not belong to the socially or educationally backward group.
• The petitioners requested the Court to look into the matter whether the specific groups can be treated as socially or educationally backward by placing several educational and social indications.

Court’s Observation

• The reservation was made under Articles 15(4) and 16(4), meant to protect the socially and educationally backward classes.
• The criteria of social backwardness or educational backwardness alone would not suffice it requires both the criterion to be fulfilled.
• The Centre and State have been providing incentives to the Muslim students due to which their educational status has increased.
• The Christians would not qualify for reservation as there is no caste in Christianity and reservation would be illegal and unjust.
• Once a SC person converts to Christianity, he seizes to be a Hindu and thus seizes to be a SC.
• The power to identify creamy layer was given to Executive Magistrate but in the State it was done by village officers.
• Muslims, Latin Catholics, Christian Nadars, and SCs who have converted to any denomination of Christianity are not entitled to be treated as backward classes/socially and educationally backward classes in the State.

Court’s Orders

• The petitioner organization did not conduct proper research before filing the petition and thus charged them Rupees 25,000 as costs.
• The costs received would be utilised to provide financial aid to children who are suffering from rare diseases.
• The power to declare a certain community as minorities or SC/ST is given to the President and such declaration cannot be sought from the Court under Article 226.

What do you think of the reservation policy? Tell us in the comments section below!