HC Junks Plea Seeking Removal of Muslims and Christians From List of Backward Classes; Cost of 25K imposed
The Kerala High Court recently dismissed a petition seeking a declaration that the reservation and financial aid for Latin Catholics, Muslims, and other Scheduled Castes should be abolished. The petition was dismissed by a bench of Hon. Justice Shaji P Chaly and Hon. Justice S Manikumar, who noted that the petitioner had not done his study before filing the plea and levied a cost of Rs 25,000.
The petitioner is a Trust that raises concerns about Hindus being treated unfairly. They said that various Christian sects and Muslims are given preferential treatment in government jobs and education, despite the fact that many of them are not socially or financially disadvantaged. Adv Krishna Raj, the petitioner's lawyer, asked the Court to investigate whether Latin Catholics, Muslims, and Nadar Christians might be classified as educationally backward.
The petitioner claimed that the caveats made above were based on Articles 16(4) and 15(4), notwithstanding the fact that these Articles are intended to protect those who are educationally and socially disadvantaged. He placed many educational and social indications for Court’s consideration.
According to the petitioner, in order to get benefits, a community must be both educationally and socially backward.
It was said that the state and the federal government provide significant incentives to Muslims in order to encourage them to pursue higher education.
It was claimed that reserving seats for particular Christian sects was prohibited because Christianity does not have sects. When a member of the scheduled caste converts to Christianity, they are no longer considered Hindus. As a result, they are not eligible for bookings.
The petitioner asked the court to rule that Latin Catholics, Christian Nadars, Muslims, and persons who have been converted do not have the right to reservoir.
Court’s observations and decisions-
While imposing fees, the Division Bench stated that the money would be used to provide financial assistance to children in the state who suffer from uncommon diseases.
It was also stated that when the Centre or the State has previously issued notifications designating specific populations as minorities, Scheduled Castes/Scheduled Tribes, backward classes/socially and educationally backward classes in the State, It was unclear how the petitioner has sought a declaration from the Court under Article 226 to declare that Muslims, Latin Catholics, Christian Nadars, and Scheduled Castes are backward classes in the State and when the power of such proclamation is granted on the President of India. In the state of Kerala, converts to any denomination of Christianity are not allowed to be treated as backward classes/socially and educationally backward classes.