Kerala HC Directs State & Centre To Finalize Socio Economic Caste Survey [Read Judgment]

The Kerala High Court has directed the State and Central Governments to take steps to finalise the report of socio-economic study of socially and educationally backward classes,

The Division bench of the Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that the State Government is duty bound, as per Section 11 of the Kerala State Commission for Backward Classes Act, 1993, for periodical revision of list, at the expiration of ten years of coming into force of the Act and every succeeding period of ten years with a view to exclude from such list those classes, who have ceased to be backward classes or for including in such list new backward classes.

The Court directed thus while disposing Public Interest Litigation which highlighted inadequate representations of backward classes in two public services and the failure of the State Government to conduct a socio-economic survey, in terms of the Kerala State Commission for Backward Classes Act, 1993. It was contended that, though Socio-Economic Survey of the caste and communities of Kerala State was ordered as early as in 2007 so far such a survey was not conducted in the State. They sought a direction to the State and Central Government to conduct a fresh socio-economic cast survey as contemplated under Section 11(1) of the Kerala State Commission for Backward Classes Act, 1993.

Taking note of the relevant statutory and constitutional provisions, the Court observed that the Commission is duty bound to discharge the functions of identifying the backward classes, which is, by virtue of Article 340 of the Constitution of India, an obligation on the part of the Commission. "In our considered opinion, there is no justification for the State Government to sleep over the matter of considerable importance, representation in Government services, by providing reservation, and the obligation created on the State as per Articles 15 and 16 r/w. 340 of the Constitution of India.", the bench said.

The Court noted that unless and until a report is furnished to the Commission in respect to the socio-economic study, the Commission may not be able to proceed with, for the identification of socially and educationally backward classes, enabling the Commission to make necessary advice to the Government under Act, 1993 for making reservation in public services. Thus, the Court issued the following directions:

However, the Union and the State Governments are directed to take necessary steps for finalisation of the report of socio- economic study taking into account all parameters required for identification of socially and educationally backward classes within the State of Kerala, at the earliest, and submit a report to the 3 rd respondent Commission. After submission of the said report, by the authorities concerned, Kerala State Commission for Backward Classes and the Central Government shall take all earnest endeavour to finalise the evaluation and submit recommendations to the State Government. The above exercise, by all concerned, should be completed, within six months from today. Therefore, we hope that the State Government and all the stakeholders will do the necessary, in order to finalise the report of socio-economic study of socially and educationally backward classes, as observed and directed above.

Case name: MANAVAIKYAVEDHI vs. UNION OF INDIA

Case no.: WP(C).No.35220 OF 2017(B)

Coram: Chief Justice S. Manikumar and Justice Shaji P. Chaly

Counsel: Advocates R.SUNIL KUMAR,A.SALINI LAL 

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