State Moves Kerala High Court Against Single Bench Decision To Stay Operation Of GO That Included Christian Nadars In SEBC Category

The State Government has preferred an appeal before the Kerala High Court against the order of the Court dated 29th July, staying a Government Order that included Christain Nadars among SEBC communities in the State. The appeal has been filed through Senior Government Pleader V Manu.

Previously, a plea was filed before a Single Bench of the Court seeking to remove Christian Nadars from the list of SEBC in the State, and the operation of the Government Order was accordingly stayed. 

The appellants contended that this stay was a result of an 'erroneous appreciation of the law and facts'. 

According to them, the Judge had deviated from the law laid down by the Apex Court given in paragraphs 176 and 188(vii) in the Maratha Reservation case and overlooked the fact that it was prospective in nature. 

The finding of the Single Bench that the aforementioned paragraphs were not intended to save the additions made to the SEBC list after the 102nd Amendment was a misinterpretation, according to the appellants.

They clarified that the decision did not indicate that the operating lists of the States saved exclude the communities added after the 102nd Amendment.  

In fact, it was added that the said paragraphs indicated that until a comprehensive decision was taken by the President regarding the list, all the existing lists would be saved, which allegedly includes the said Government Order.  

According to the appellants, the Single Judge had further failed to consider the fact that Christian Nadars were already included by the Centre in the Central OBC list as per the recommendations of the erstwhile National Commission for Backward Classes.  

It was also mentioned that when a writ petition was filed before a Division Bench with a similar prayer, the Bench had negated the prayer by its decision dated 12th July 2021. 

Accordingly, the appellants sought the stay order to be set aside and thereby for the appeal to be allowed. 

Background: 

By an order dated 4th April 2000, the Ministry of Social Justice and Empowerment had resolved to include the Central list of Other Backward Classes by including Christian Nadars in the list. This was eventually published in 2018, after receiving the Presidential assent. 

Subsequently, on 6th February 2021, the State issued a Government Order announcing the inclusion of Christian Nadars into the OBC list in the State. 

However, in May 2021, the Supreme Court pronounced a decision declaring that only the President of the country was empowered to specify the socially and educationally backward classes in a State post the 102nd Amendment. 

This triggered a few litigations in the State seeking removal of the Christian Nadar community from the State's SEBC list. 

Case Title: State of Kerala & Anr. v. S. Kuttappan Chettiar & Ors