Kerala HC imposes Rs 25,000 cost on religious organization for challenging minority quotas without any research

Read order: Hindu Seva Kendram Vs. Union of India & Ors

LE Staff

Kochi, July 26, 2021: While imposing a cost of Rs 25,000, the Kerala High Court recently dismissed a petition by religious organisation Hindu Seva Kendram that sought a cancellation of the reservation and financial aid provided to certain communities, including Muslims, Latin Catholics, Christian Nadars and Scheduled Castes. 

The Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly, while dismissing the petition with costs, strongly rebuked the petitioner for not having done proper research before filing the petition.

Adding that proceedings under the Kerala Revenue Recovery Act shall be initiated in case of default, the Division Bench directed the petitioner to deposit the amount of Rs 25,000 in the account created for providing financial aid to children in the state of Kerala suffering from rare diseases. 

The High Court refused to grant mandamus sought for against the National Commission for Backward Classes, to prepare afresh, the list of backward classes/socially and educationally backward classes of the State of Kerala eligible for reservation under Articles 15(4)(5) and 16(4) of the Constitution of India, taking into account the present social and economic status of these communities. 

The Bench also reiterated 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,” the High Court said. 

The counsel for petitioner questioned whether the communities mentioned by the State 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. 

Opposing the same, the Advocate General 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.

“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 High Court said. 

Accordingly, the High Court dismissed the petition finding the prayers of the petitioner as wholly misconceived and untenable.