Kerala High Court Asks State To Expeditiously Conduct 'Comprehensive Survey' To Ascertain EWS Eligible For 10% Reservation

The Kerala High Court has directed the State to inform the status of the comprehensive survey suggested by the Justice AV Ramakrishna Pilla Commission to ascertain the economically weaker sections (EWS) in the State who are eligible for 10% reservation as per the 103rd Constitutional amendment. 

The direction came in a plea filed by the Nair Service Society challenging the new sample survey suggested by the present Commission to ascertain backward communities.  

Justice P.V. Kunhikrishnan while hearing the matter also found that the sample survey proposed to be initiated by the present Commission was not to ascertain this 10% and thereby the grievance of the petitioner was not valid. 

"Looks like your grievance is already redressed. This survey is not for the said 10% reservation earmarked for EWS under Articles 15(6) and 16(6) of the Constitution as you alleged."

Advocate R.T. Pradeep appeared for the petitioner and vehemently argued that this survey would detrimentally affect the members of the Nair Community. 

The plea alleged that members of the Nair community have been suffering serious financial setbacks for several years but were not eligible for reservation till the 103rd Constitutional Amendment.

As per the Amendment, the Kerala State Commission for Economic Backward Class among Forward Communities chaired by Justice A.V. Ramakrishna Pilla in 2019 proposed to conduct a comprehensive Socio-Economic-Communal survey to collect statistics of the social and economical status of all communities in the State. 

However, the Commission now in office have planned to conduct a random sample survey to ascertain backwardness among forward communities by collecting details through a mobile application from five economically backward families of each ward of local bodies.

NSS opposed the sample survey alleging that it will bring out only a truncated and sketchy picture of economically weaker sections of forward communities.

The petitioner had preferred a representation before the Commission regarding the same. Responding to this, the Commission had categorically endorsed all the objections to the sample survey and called it an interim measure.

It was thus argued that the Commission itself was of the view that the sample survey will not serve the implementation of the recommendation made by the erstwhile Commission.

However, the Government Pleader submitted that the petitioner had moved the Court under the misunderstanding that the sample survey was to ascertain the 10% eligible for reservation under the 103rd Amendment, despite there being clear clarification on the contrary. 

The Court agreed with this submission but opined that the comprehensive survey as recommended by the initial Commission had to be implemented soon since a considerable time had passed since it was proposed. 

To this, the State responded that financial constraints and the pandemic had made it practically impossible to conduct the said survey. 

The Bench further noted that by delaying this survey, the economically backwards sections of the society were put in a disadvantaged position. Accordingly, the Court directed the Government Pleader to get instructions on the same and posted the matter for 31st January. 

Case Title: Nair Service Society v. State of Kerala & Ors

Click Here To Read The Order