LI Network
Published on: November 28, 2023 at 00:15 IST
A retired scientist from the Indian Council of Agricultural Research (ICAR), Dr. M.K. Mukundan, has filed a petition in the Kerala High Court urging for fair representation of backward communities, including Scheduled Castes, Scheduled Tribes, and Latin Catholics, in the appointment of High Court Judges within the state.
Dr. Mukundan, belonging to a backward community himself, contends that the appointment of Judges to the High Court of Kerala is not aligning with the principles of Social Justice outlined in Articles 38, 46, and 335 of the Constitution.
Highlighting the current composition of the High Court, Dr. Mukundan pointed out that among the 34 Judges, 23 belong to the upper caste, and only six positions are occupied by individuals from the Ezhava community, considered a backward group.
Additionally, he noted adequate representation of Muslim and Christian communities but highlighted the absence of representation for backward classes like SC, ST, and Latin Catholics, which contravenes the principles of social justice entrenched in the Constitution.
The plea clarifies that the intention is not to advocate for any specific community but to address historical injustices faced by deprived sections of society. Dr. Mukundan underscores the necessity for rectifying these wrongs, emphasizing the principles of social justice, as endorsed by the Supreme Court and the Prime Minister, rather than seeking reservation.
Citing the presence of Judges from Scheduled Caste communities in the Supreme Court, the petitioner asserts that advocating for representation of such communities in High Courts should not be equated with demanding reservation.
The plea seeks directions to ensure that some positions in the existing vacancies within the Kerala High Court are allocated to individuals from backward communities.
Furthermore, it urges the respondents to refrain from making any appointments to Judge positions until members from Scheduled Castes/Scheduled Tribes communities are appointed.
