Kerala HC seeks state's response on PIL challenging 50% reservation for Muslims in Civil Service Institute
Thursday, June 30, 2022
  • Circulation
  • Advertise
  • About Us
  • Contact Us
Organiser
  • ‌
  • Bharat
  • World
  • Editorial
  • Analysis
  • Opinion
  • Defence
  • Sports
  • Business
  • More
    • RSS in News
    • Special Report
    • Culture
    • Sci & Tech
    • Entertainment
    • Education
    • Books
    • Interviews
    • Travel
    • Health
    • Obituary
SUBSCRIBE
No Result
View All Result
Organiser
  • ‌
  • Bharat
  • World
  • Editorial
  • Analysis
  • Opinion
  • Defence
  • Sports
  • Business
  • More
    • RSS in News
    • Special Report
    • Culture
    • Sci & Tech
    • Entertainment
    • Education
    • Books
    • Interviews
    • Travel
    • Health
    • Obituary
No Result
View All Result
Organiser
No Result
View All Result
  • Home
  • Bharat
  • World
  • Editorial
  • Opinion
  • Analysis
  • Culture
  • Defence
  • RSS in News
  • Subscribe
Home Bharat

Kerala HC seeks state’s response on PIL challenging 50% reservation for Muslims in Civil Service Institute

The Petitioner has contended that not even the economically affluent among the Muslim community is excluded from the benefit of waiver of the fee.

WEB DESK by WEB DESK
May 19, 2022, 10:25 am IST
in Bharat
Share on FacebookShare on TwitterTelegramEmail

Kerala High Court on Wednesday (May 18) issued a notice on a PIL filed challenging 50% reservation for Muslims in the state-run Institute of Career Studies & Research (ICSR) in Ponnani in Malappuram District of Kerala.

The institute was established in 2009 while the Communist government was in power in the state by then Minister for Local Administration, Paloli Mohammed Kutty.

The same government had passed an order in 2010 providing for reservation of 50% of the institute’s seats for Muslims and 10% seats for SC and ST students.

The government order also provides a waiver of fees for the said categories.

The Petitioner Arun Roy is an Advocate practising in the High Court who belongs to the Latin Catholic community.

The Petitioner argues that reservation cannot be granted based on religion. He has relied upon a 2005 Judgment of a five-judge Bench of the Andhra Pradesh High Court, which had struck down a 5% reservation provided by the Andhra Pradesh government in state government jobs. “Reservation on the basis of religion alone is in
violation of Articles 14 and 15 of the Constitution of India. Article 15(1) says that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth. It is trite law that religious reservation is unconstitutional”, the Petition says.

The Petitioner also relies upon the Judgment of the Kerala High Court striking down a scholarship scheme by the Minority Welfare Department of the state granting benefit of 80% to Muslims and 20% to Christians. The Court had held that sub classifying the minorities for grant of benefits by the Minority Welfare Department is not permissible.

The Petitioner has also contended that the reservation that stands at 60% in the institute violates the law laid down by Supreme Court in Indra Sawhney’s case and the Maratha Reservation Case.

A Kerala government’s order of 2012 has also been produced before the High Court, which provided for an additional intake of 59 minority candidates in the Institute that year, thus taking the reservation granted Muslims to 74.78% that year.

As per the Kerala government’s orders, the expenditure incurred by waiver of fees for Muslim students will be reimbursed by the Minority Welfare Department of the state.

The Petitioner has contended that not even the economically affluent among the Muslim community is excluded from the benefit of waiver of the fee. “Since the 2nd Respondent that is managing the 4th Respondent institute is funded by grants from central and State Governments, tax payers' money is being expended to grant the
unconstitutional largesse to a religious community”, the Petition says.

The PIL says that the Kerala government granting undue largesse to a particular religious community will create a communal rift in the society.

“The State should never be party to an illegal attempt to increase the number of persons in the administrative services from a particular religious community. Cadres of the Administrative Services play a pivotal role in the administration of this diverse country. Any attempt to
manipulate the composition of the Services will have deleterious effect”, says the petition.

The Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly issued notice on the PIL after hearing Advocate Arjun Venugopal, who appeared for the Petitioner. The state government sought ten days time to respond to the PIL.

Topics: MuslimskeralaKerala High Court
Share14TweetSendShareSend
Previous News

Sri Lankan economic crisis brings opportunity for the Indian tea industry

Next News

India expresses concern over global food insecurity at ‘Global Food Security-Call to Action’ meeting

Related News

‘R B Sreekumar and others did their best against me’: Nambi Narayanan

‘R B Sreekumar and others did their best against me’: Nambi Narayanan

Kerala Muslim Jamaath Federation urges Muslim youth to become Agniveers & ensure Muslim representation in armed forces

Kerala Muslim Jamaath Federation urges Muslim youth to become Agniveers & ensure Muslim representation in armed forces

Aurangzeb: An Anatomy of his Crimes and Deceits Against Bharat

Aurangzeb: An Anatomy of his Crimes and Deceits Against Bharat

‘LiveLaw’ caught doing propaganda for Kerala’s Communist Govt; modifies report after complaint but continues to mislead

‘LiveLaw’ caught doing propaganda for Kerala’s Communist Govt; modifies report after complaint but continues to mislead

Will reveal more in Kerala Gold smuggling case, says accused Swapna Suresh

’17 tones of imported dates went missing with CM’s knowledge’: Swapna Suresh in affidavit

Kerala gold smuggling case: Prime accused Swapna Suresh says CM Vijayan, wife & daughter involved in gold smuggling

Kerala CM Vijayan sought help from Sharjah ruler for daughter’s IT business: Swapna Suresh

Comments

The comments posted here/below/in the given space are not on behalf of Organiser. The person posting the comment will be in sole ownership of its responsibility. According to the central government's IT rules, obscene or offensive statement made against a person, religion, community or nation is a punishable offense, and legal action would be taken against people who indulge in such activities.

Latest News

Uddhav Thackeray announces resignation as Maharashtra Chief Minister ahead of floor test

Uddhav Thackeray announces resignation as Maharashtra Chief Minister ahead of floor test

Election Commission announces schedule of Vice-Presidential election, voting on August 6

Election Commission announces schedule of Vice-Presidential election, voting on August 6

When Islam Imposes an Emergency on India! 10 Key Takeaways from Sita Ram Goel’s writings

When Islam Imposes an Emergency on India! 10 Key Takeaways from Sita Ram Goel’s writings

Rajasthan: Islamists beheaded Kanhaiya Lal after his son made social media posts supporting Nupur Sharma

#JusticeForKanhaiyaLal NIA takes over Udaipur beheading case, files FIR under UAPA

“Modi, listen, this knife will reach your neck as well,” shout Islamists after beheading Hindu man in Udaipur

Kanhaiya Lal Beheading: Both the terrorists Riyaz & Ghous have links with Dawat-e-Islami in Karachi

Assam Floods: State minister Jayanta Mallabaruah reviews Silchar flood situation

Assam Floods: State minister Jayanta Mallabaruah reviews Silchar flood situation

India slams UN for comments on action against Teesta Setalvad, calls it ‘completely unwarranted’

India slams UN for comments on action against Teesta Setalvad, calls it ‘completely unwarranted’

Unsung Heroes: Chempil Arayan

Unsung Heroes: Chempil Arayan

‘Rape, pregnant or love affair? Mamata Banerjee on Nadia rape case; BJP lashes out at CM’s ‘shameful’ remark

‘Centre wants to give jobs to BJP workers’: CM Mamata Banerjee on Agnipath Scheme

Agnipath scheme set to make Armed Force younger

Agnipath scheme set to make Armed Force younger

  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping Policy

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

No Result
View All Result
  • Home
  • Bharat
  • World
  • Editorial
  • Analysis
  • Opinion
  • Defence
  • Culture
  • Sports
  • Business
  • RSS in News
  • Special Report
  • Sci & Tech
  • Entertainment
  • Education
  • Books
  • Interviews
  • Travel
  • Health
  • Obituary
  • Subscribe
  • Advertise
  • Circulation
  • About Us
  • Contact Us
  • Privacy Policy
  • Cookie Policy
  • Terms of Use
  • Refund and Cancellation

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies