Kerala HC dismisses Appeal to stay Operation of Christian Nadar community

Shivani Pandey

Published on August 25, 2021, at 15:00 IST

The Kerala High Court on Wednesday denied to intervene in the Single Judge’s order to stay the Government Order of February 2021that included the Christian Nadar community under the Socially and Economically Backward Class (SEBC) community. (In Re: State of Kerala and Anr. v. S. Kuttappan & Ors)

A Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly stated that the matter may be considered in great detail by a Single Judge bench and dismissed the appeal.

The State Government filed an Appeal before the Kerala High Court regarding the order of the Single Judge Bench, putting a hold to the Government Order.

The Appellant who is a Senior Government Leader, V Manu stated that the stay was nothing but an ‘Erroneous appreciation of the facts and laws’.

The High Court Bench, however, did not find merits in the raised arguments and subsequently dismissed the plea.

The Writ Petition was filed by the General Secretary of Kripa, an organization working for the upliftment of Socially and Educationally Backward Classes in the State, and another person belonging to the Ganaka community, one of the communities recognized by the State as a socially and educationally backward class.

The primary allegation of the petitioners was that as per the provision contained in Article 342-A the State Government was stripped of the power to specify any class of persons as Socially and Educationally Backward for the purposes of the Constitution with effect from 15th August 2018.

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