New Delhi: The Supreme Court today issued
notice to Kerala on a petition challenging Constitutional
validity of a government order allowing reservation of seats
for economically weaker students of forward communities in
state-run educational institutions.
A bench comprising Chief Justice K G Balakrishnan and
Justice S H Kapadia sought response of the state government on
an appeal filed by the Muslim Jamath Council which challenged
the government order reserving few seats for poor students
belonging forward communities.
The Council has approached the apex court challenging
a January 13 order of the Kerala High Court which dismissed
its plea that the provision was violative of the Constitution.
The Council had contended that there was no provision
under the Constitution mandating reservation to any class on
the basis of economic backwardness.
The High Court had upheld the validity of the order
reserving few seats for students belonging to economically
weaker sections of forward communities in government colleges
and departments in universities at graduate and post-graduate
levels.
It had said, "Excellence in education and professional
fields can be achieved only if there is competitiveness. It
must be ensured by all concerned that members of these
communities are made to compete with the best in the country
and they must earn their admission in education in general
list at least at the higher postgraduate level by competing
with meritorious students.
"It was time that reservation in higher education and
employment was gradually brought down as the socio-economic
conditions of SCs and STs communities and Other Backward
Classes had undergone a `revolutionary` change.
"These communities must realise that government`s
over indulgence in extending various benefits will only
stunt their growth and time has come to awaken these
communities from the slumber of satiated insouciance", the
court had said.
The bench had rejected petitioner`s contention saying
it was "totally uncharitable", adding "poverty or economic
backwardness is the worst form of social evil".
In the prevailing scenario, social and economic
backwardness among forward class in Kerala has created a
"social havoc" after land reform legislation, the bench had
point out.
Addressing the contentions of the petitioner, the
bench had said the Muslim community has undergone tremendous
changes for the better, especially over the last few years.
-PTI
