KERELA HC BENACH A PETITION BY A HINDU ORGANISATION FOR POOR RESEARCH

The Kerala High Court Bench of Chief Justice S Manikumar and Justice Shaji P Chaly dismissed a petition by a Hindu organisation- Hindu Seva Kendram seeking cancellation of reservation and financial aid to certain communities such a Muslims, Scheduled Castes, Latin Catholics and Christian Nadars. The bench dismissed the petition for not doing proper research and imposed a penalty of Rs 25000/-.

Advocate R Krishnaraj, appearing for the petitioner, submitted that as per the article Articles 15(4) and 16(4) of the Constitution, any state make special provisions for the upliftment of socially and backward classes for the purpose of education and employment. However, he questioned whether the above-mentioned categories are socially and educationally backward as compared to Scheduled Castes and backward Hindus.

Advocate General K Gopalakrishna Kurup cited the gazette notification dated September 10, 1993, where certain communities have been identified as socially backward state-wise as and accordingly reservation as per the orders of the central and state governments is provided.

The bench said that "When the Government has already issued notifications, declaring certain communities as minorities and when the power of such declaration is on the President of India, we are unable to understand as to how the petitioner has sought for a declaration from this Court under Article 226 of the Constitution of India."

The bench dismissed the petition stating its prayer as wholly misconceived and untenable