Khushi Bajpai
Published on: September 3, 2022 at 20:25 IST
The Supreme Court, tagged a writ petition assailing the decisions of Kerala government to grant scholarships to minority communities on the ground that is allocated only in accordance with their respective population share in violation of Article 15(1) and Article 15(4) of the Constitution of India, 1950, with another petition where similar issue is pending adjudication.
At the request of Senior Advocate, Mr. Salman Khurshid, appearing on behalf of the petitioner, All India Backward Classes Federation, a bench comprising Justices Indira Banerjee and MM Sundresh passed the tagging order.
“The Hon’ble High Court of Kerala has ordered in the judgement referred to in reference above that it is illegal to sub-classify minority groups according to their backwardness and that it is illegal to sub-classify groups according to their backwardness….”
“….on that basis to provide 80% of merit-cum-means scholarship to Muslim communities and 20% to Latin Christian, converted Christian and other minority communities; and that minority scholarships must be provided to all notified minority communities In accordance with their population share.”
Accordingly, the committee recommended – “In the prime minister’s new 15-point programme there are some educations promoting factors. The benefit of such prompting professional higher studies is to be made available to all deserving Muslim students in Kerala.”
By neglecting the afore-mentioned reports and the recommendations therein, the petition submits, the Kerala government has violated Articles 15(3) and (4) of the Constitution.
The petition has been filed All India Backward Classes Federation and Muslim Employee’s Cultural Association and it was filed through advocate-on record, Ms. Lubna Naaz.