Kerala High Court
Muslim Employees Cultural ... vs The Chief Secretary To Government ... on 2 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
WP(C).No.1171 OF 2021(S)
PETITIONER:
MUSLIM EMPLOYEES CULTURAL ASSOCIATION
(MECA) OF REGISTRATION NO.P362/1989 REP. BY ITS GENERAL
SECRETARY, N.K. ALI, AGED 61 YEARS, S/O.KUTTU (LATE),
MECA HEAD QUARTERS, PEEDIYAKKAL ROAD, ERNAKULAM, TOWN
NORTH P.O., ERNAKULAM, KOCHI 682 018
BY ADVS.
SRI.A.MOHAMMED
SRI.M.SAJJAD
SRI.T.R.RAJESH
SHRI.SHERRY J. THOMAS
SRI.T.P.ABDUL HAMEED
RESPONDENTS:
1 THE CHIEF SECRETARY TO GOVERNMENT GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA 695 001
2 THE PRINCIPAL SECRETARY TO GOVERNMENT, KERALA STATE
BACKWARD CLASSES DEVELOPMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA 695 001
3 THE PRINCIPAL SECRETARY TO GOVERNMENT
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA 695 001
4 THE PRINCIPAL SECRETARY TO GOVERNMENT
HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA 695 001
5 THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA 695 001
6 REGISTRAR, KERALA STATE COMMISSION FOR BACKWARD CLASSES,
AYYANKALI BHAVAN, 4TH FLOOR, KANAKANAGAR, VELLAYAMBALAM,
THIRUVANANTHAPURAM 695 003
SRI. K.V.SOHAN STATE ATTORNEY, FOR R1 TO R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 2nd day of February 2021
S.MANIKUMAR, C.J.
This public interest litigation is filed by the "Muslim Employees
Cultural Association" popularly known as "MECA". Petitioner/
Association claims that it upholds the constitutional rights of the
socially and educationally backward classes and strives for their
adequate representation in employment in Government and in higher
educational institutions. In this writ petition, petitioner has sought for
the following relief:
i) Issue a writ of mandamus or other appropriate writ, order
or direction, commanding the respondents to take urgent
steps to enhance the percentage of reservation in higher
educational institutions from higher secondary to P.G.
courses, as 40% equivalent that in Government employment
and to allot it to the socially and educationally backward class
communities on the basis of social economic caste survey
made by the Government, in proportion to the percentage of
the population of each community.
2. Mr.A.Mohammed, learned counsel for the petitioner submitted
that historically disadvantaged groups have to be given special
protection and help, so that, they can be uplifted from their low social
status. It is for this reason that special provisions have been made in
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the Constitution in Articles 15(4), 15(5), 16(4), 16(4A), 46, etc. The object
of those provisions is to uplift socially and educationally backward
classes so as to enable them to flow with the national stream of life. It
is submitted that empowerment through education will help the under
privileged to achieve progress in social and economic front. Reserving
opportunities, for furthering the welfare of backward class and thereby
ensuring social justice, is the core of the concept of reservation.
3. According to learned counsel for the petitioner, efficiency
depends upon education and training. Reserving of seats in the
educational institutions for backward class is highly necessary. Without
providing proper education, reserving posts in the Government service
would be like putting the cart before the horse. Constitution 103 rd
(Amendment) Act 2019, amending Article 15 and 16 came into force on
12.1.2019. As per Article 15(6) and Article 16(6) reservation upto 10% is
provided to the Economically Weaker Sections other than S.C., S.T. and
O.B.C. in admission to higher educational institutions and in the posts in
initial appointment in service under the State.
4. Learned counsel for the petitioner submitted that pursuant to
the coming into force Article 15(6) and 16(6) the Government of Kerala
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have implemented 10% reservation for economically weaker sections in
General Category in educational institutions and in appointments in the
services under the State. It is also submitted that fixing 10%
reservation in higher educational institutions for the weaker sections in
General category, so as to enable them to compete for the 10%
reservation of posts in Government employment, has to be strictly
followed by fixing a total of 40% in higher educational institutions for
socially and educational backward classes, to enable them to compete
for the 40% reservation of posts in Government employment. It is
submitted that non reservation in higher educational institutions
equivalent to the reservation in Government employment to the socially
and educationally backward class amounts to discrimination and it is
violative of Article 14 of the Constitution.
5. It is submitted by learned counsel for the petitioner that a
representation has been made on 21.10.2020 to the Chief Secretary,
Government of Kerala for enhancing the percentage of reservation for
socially and educationally backward class, in admission to higher
studies from V.H.S.E. to P.G. courses as 40%. A reminder has also been
sent on 8.12.2020 showing the prevailing percentage of community wise
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reservation for socially and educationally backward class in higher
education institution. But the grievance of the petitioner is that nothing
has been done in this regard till date. Learned counsel for the
petitioner further submitted that he would be satisfied if the
representation submitted by the petitioner on 21.10.2020 is disposed of
within a reasonable time.
6. Heard learned counsel for the parties and perused the materials
available on record.
7. Sri.K.V.Sohan, learned State Attorney submitted that if any
direction is issued by this court to consider the representation
submitted by the petitioner, Government have no objection for
considering the same.
8. Considering the entire facts and circumstance of the case,
prima facie, we are of the prima facie view that the prayer sought for in
this writ petition is not maintainable and therefore, the same cannot be
granted in a public interest litigation. However, placing on record the
submission of both parties, there shall be a direction to respondent
No.1/the Chief Secretary to the Government of Kerala, to consider and
pass orders on the representation submitted by the petitioner on
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21.10.2020 said to be pending consideration before the Chief Secretary,
Government of Kerala, Government Secretariat, Trivandrum, within a
period of four weeks from the date of receipt of a copy of this judgment.
Accordingly, writ petition is disposed of.
sd/-
S.MANIKUMAR
CHIEF JUSTICE
sd/-
SHAJI P. CHALY
JUDGE
jes
WP(C).No.1171 OF 2021(S)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1(a) THE TRUE COPY OF THE REGISTRATION CERTIFICATE SL.
NO.P362/89 OF MUSLIM EMPLOYEES CULTURAL ASSOCIATION
(MECA)
EXHIBIT P1(b) THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXT. P1
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED
21.10.2020 OF THE PETITIONER TO THE CHIEF SECRETARY
EXHIBIT P3 THE TRUE COPY OF THE REMINDER DATED 8.12.2020 TO
THE ABOVE
EXHIBIT P4 SERIES THE TRUE COPY OF THE PERCENTAGE OF RESERVATION FOR
RECRUITMENT TO PUBLIC SERVICES AND SEATS IN
EDUCATIONAL INSTITUTIONS FOR SOCIALLY AND
EDUCATIONALLY BACKWARD CLASSES, PUBLISHED IN THE
WEBSITE OF BACKWARD CLASSES DEVELOPMENT DEPARTMENT
// True copy //
P.S. to Judge
