Courts Update Kerala HC quashes state govt order on uneven scholarship...

Kerala HC quashes state govt order on uneven scholarship to minorities

-

New Delhi, June 1 (ILNS): The Kerala High Court on Monday quashed a notification of the state government, announcing scholarship to Muslim students and Latin Catholic/converted Christians in the ratio 80:20. The court directed the government to pass appropriate orders providing merit-cum-means scholarship to members of the notified minority communities within the state equally and in accordance with the latest population census available with the State Minority Commission.

The division bench of Chief Justice S.Manikumar and Justice Shaji P. Chaly said: “We are of the considered opinion that the action of the State Government in sub classifying the minorities by providing merit-cum-means scholarship at 80% to Muslim community and 20% to the Latin Catholic Christians and Converted Christians cannot be legally sustained.”

A Public Interest Litigation filed by an advocate, highlighting the grievance that while most of the socio, economic and educational empowerment schemes and programmes of the Central Government are meant for the socio economically poor and downtrodden sections of the society including the six centrally notified minorities, while implementing various schemes in the State of Kerala there is marked discrimination favouring one minority against other minority communities without any rationale.

The Union Government under the new 15-point programme for the welfare of minorities, announced scholarship schemes for minority students from minority communities. On the basis of the scheme formulated, the Union Government is providing scholarships to students belonging to minority communities to promote pre-matric and post-matric financial assistance in 2006.

An 11-member committee formed by State government issued Exhibit that reservation among the Muslims and other minority communities will be in the ratio of 80:20 i.e., 80% to Muslim Community and 20% to Latin Christians and converted Christians.T he Committee had been tasked with implementing the recommendations of the Justice Rajinder Sachar committee in Kerala.

The Court opined: “Article 14 clearly mandates that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, whereas Article 15 (1) specifies that the State shall not discriminate against any citizen on grounds only on religion, race, caste, sex, place of birth or any of them, but at the same time we are conscious of the fact that the provisions of Article 15 would not stand in the way of the State from making any provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes in so far as such special provisions relate to admission of such classes of citizens to educational institutions including private educational institutions by virtue of Clauses (4) and (5) thereto, irrespective of the provisions of Articles 29 and 30 of the Constitution dealing with minorities.”

The court referred to a five-member constitutional bench order of the apex court in Chinnaiah v. State of A.P. [(2005)1 SCC 394] had occasion to consider the issue with respect to sub-classification among the Scheduled Castes and Scheduled Tribes and held that except for a limited power of making an exclusion or inclusion in the list by an act of Parliament, there is no provision either to sub-divide, sub classify or sub-group the castes which are found in the presidential list of Scheduled Castes. ILNS\KR\SJ

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest news

Allahabad High Court recalls order listing case of errant advocate before another bench

Allahabad Sept 18(ILNS): The Allahabad High Court recently recalled its order in which it had directed the...

CBI seeks dismissal of a petition for separating Director of Prosecution from the agency, says post enjoys full autonomy in the affidavit

New Delhi Sept 18(ILNS): The Central Bureau of Investigation informed the Delhi High Court that the Directorate...

Supreme Court allows appeal against summons issued to invoke the power under Section 319 CrPC

New Delhi Sept 18(ILNS): The Supreme Court on September 13, while setting aside the summoning order passed...

Allahabad High Court asks lawyers in the Hathras case to list facilities provided to victim’s family

Lucknow, Sept 18 (ILNS) The Lucknow Bench of the Allahabad High Court on Thursday asked the advocates...

Mamata nephew, wife move Delhi HC to quash ED summons in West Bengal coal scam

New Delhi, Sept 18 (ILNS) Abhishek Bannerjee, MP, All India Trinamool Congress and nephew of West Bengal...

Allahabad HC grants bail to man accused of false promise of marriage, later says he’s willing to marry if she converts.

Allahabad, Sept 18 (ILNS) The Allahabad High Court on Tuesday granted bail to a man accused of...

Must read

You might also likeRELATED
Recommended to you