Kerala High Court Dismisses Appeal Challenging Single Bench Decision To Stay GO Including Christian Nadars In SEBC Category

The Kerala High Court on Wednesday refused to interfere with the Single Judge's decision to stay the operation of a Government Order dated 6th February 2021 including the Christian Nadar community under the SEBC communities in the State. 

A Division Bench comprising of Chief Justice S. Manikumar and Justice Shaji P Chaly remarked that the matter may be considered elaborately by the Single Bench while dismissing the appeal. 

The State Government had preferred an appeal before the Court against the order of the Court dated 29th July, staying the Government Order. The appeal was filed through Senior Government Pleader V Manu.

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.

However, the Division Bench did not find merits in the arguments raised by the appellants, and thereby dismissed the appeal, stating that the matter can be elaborately decided by the Single Judge. 

Background:

The writ petition was filed by the General Secretary of Kripa, an organisation engaged in the upliftment of socially and educationally backward classes in the State, and another person belonging to the Ganaka community, one of the communities specified by the State as a socially and educationally backward class.

They were aggrieved by the aforementioned Government Order by which Nadars in the State belonging to Christian religious denominations other than SIUC (South Indian United Church) were included in the list of socially and educationally backward classes for the purpose of providing employment and educational benefits.

The primary contention of the petitioners was that going by the provision contained in Article 342-A the State Government was denuded of the power to specify any class of persons as socially and educationally backward for the purposes of the Constitution with effect from 15th August 2018.

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