Christian Nadars issue: Ball in court of single judge

  • | Wednesday | 25th August, 2021

Kochi, Aug 25 (PTI) The Kerala High Court on Wednesday said the court would not interfere with the order of a single judge that put on hold the decision of the State government to include the Christian Nadar community in the list of Socially and Educationally Backward Communities (SEBC).A Bench of Chief Justice S Manikumar and Justice Shaji P Chaly, disposing of a plea of the government against the order of the single judge issued on July 29, said the matter can be considered in detail only by that judge.The Bench said the State can put forth its views before the single judge who may also be informed of the passing of the Constitution (127th Amendment) Bill which restores the power of the State governments to enlarge the list of OBC (other backward class) categories.The State Cabinet, which met on June 16, gave the nod to include the community in the SEBC category which would be beneficial for its members in the entrance examinations and in the admission to higher education courses.The single judge Justice P B Suresh Kumar, in his order, had said, "The petitioners have made out a prima facie case of the interim order and under those circumstances, the stay on the government order will remain." "The case set out by the petitioners is that in the light of the provision contained in Article 342-A introduced to the Constitution in terms of the 102nd Amendment with effect from August 15, 2018, the State government is denuded of the power to specify any class of persons as socially and educationally backward for the purposes of the Constitution," Justice Kumar had said.The order came on the writ petition from an organisation working for the uplift of socially and educationally backward classes. The petitioner-organisation said that in the light of the constitutional amendment, it is for the President to make such specifications. Therefore, the petitioner said, the order of the State government was unconstitutional and violative of Article 342-A.The government had included the Christian Nadar community in the OBC list to provide them job reservation.The South Indian United Church (SIUC) Christian is already included in the SEBC category and there has been a long-pending demand of the other Nadar Christian community to be part of it.According to a State government order, Nadars, belonging to Christian religious denominations other than SIUC, are included in the list of socially and educationally backward classes for the purpose of providing employment and educational benefits. PTI CORR HMP NVG NVG


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