Plea In Kerala HC Seeks Equitable Representation Of Backward Community In Appointment Of High Court Judges

A plea has been moved in the Kerala High Court by a Scientist retired from the Indian Council of Agricultural Research (ICAR), seeking equitable representation of backward classes such as Scheduled Castes, Scheduled Tribes, Latin Catholics, etc. in the appointment of High Court Judges in the State. 

Dr. M.K. Mukundan, who himself belongs to a backward community alleged that the principles of Social Justice as envisaged in Articles 38, 46, and 335 of the Constitution were not being adhered to in the appointment of Judges to the High Court of Kerala. 

He averred that of the present strength of 34 Judges of the High Court, 23 positions are held by members of the upper caste persons, and 6 by persons belonging to Ezhava community which is regarded as a backward community. The petitioner furter states that Muslim and Christian communities have also been well represented. 

However, the petitioner laments that the aforementioned backward classes such as SC, ST, and Latin Catholics have found no representation the High Court, thereby violating the principles of social justice enshrined in the Constitution. 

"The petitioner respectfully begs to add that he is not engaging himself in canvassing for any community or individuals, He is only highlighting a gross injustice still meted out to the deprived sections of society who have been suffering humiliation, hurt and denigration for years due to historical reasons. That history will have to be re-written. After winning the freedom there shall not be any discrimination on the basis of sheer accidental birth in any community. The petitioner again reiterates that he is not seeking reservation but only regard to the principles of social justice as highlighted by the Hon'ble Supreme Court of India and emphasized by the Hon'ble Prime Minister of India," the plea states. 

He adds that there at least two Judges belonging to the Scheduled Case community in the Supreme Court, and submitted that it would be illogical to criticize seeking representation of the members of such communities in High Courts as amounting to a request for reservation. 

The petitioner thus seeks the issuance of directions commanding the respondents to ensure that at least some of the positions in the existing vacancies of the judges of the High Court of Kerala are earmarked for persons belonging to backward communities. 

He further seeks the issuance of directions to the respondents to not make any appointments to the position of Judges of the Kerala High Court until members of the Scheduled Castes/Scheduled Tribes communities have been appointed. 

The plea has been moved through Advocates J.S. Ajith Kumar, and Shamem M.S. 

Case Title: Dr. M.K. Mukundan v. Union of India & Ors.