LexPRESIDENT, SUIC versus STATE OF KERALA AND ORS.
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PRESIDENT, SUIC
v.
. STATE OF KERALA AND ORS.
MARCH 28, 2006
[S.B. SINHA AND P.P. NAOLEKAR, JJ.]
Constitution of India 1950-Article 16(4)-Reservation-Kerala State
and Subordinate Services Rules 19 58-0ther Backward Classes-Hindu Nadars
A
B
and Christian Nadars-Earlier Notifications treating them as falling in separate c;
categories for the purpose of reservation-Later State Notifications treating
the Hindu Nadars and Christian Nadars as one group-High Court holding
the said notification illegal-State already implementing the said judgment
thereby treating Nadars of both the religions dif.ferentlrEven parties agreeing
to being treated as belonging to different classes-Backward classes
Commission also recommending to treat them as separate class-Hence, held, D
challenge to the judgment of High Court has became infructuous.
Practice and Procedure-Appeals and writ petitions against the High
Court judgment and State notifications for treating Hindu Nadars and
Christian Nadars as distinct or one group for the purpose of reservation--
Parties raising objections to the report of the backward Classes Commission- E
Held, objections cannot be permitted to be raised as otherwise it would be
entering upon disputes not strictly forming part of the subject matter of
present petition.
In these appeals and writ petition, the Court was required to F
determine whether the notifications issued by the State of Kera la treating
the Hindu Nadars and the Christian Nadars as one group, were valid in
law. The High Court held the said notifications to be illegal having regard
to the history of the said communities as also the legislations and the
Government orders operating in the field.
Disposing of the matters, the Court
HELD: The State of Kerala has already implemented the High Court
judgment meaning thereby that the Nada rs of both the religions have been
directed to be treated differently. The Kerala Public Service Commission has
G
477
H
478
SUPREME COURT REPORTS
[2006] 3 S.C.R.
A also implemented the interim orders of this Court to treat them differently.
B
Even the State Commission for Backward Classes also accepted that Hindu
Nadars and Christian Nadars ought to be treated as different classes. In this
view of the matter there does not exist any dispute amongst the parties and
the appeals and the writ petition have become infructuous.
[486-H; 487-A, C, DJ
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3361/2002.
From the Judgment dated 28.8.2000 of the High Court of Kerala at
Ernakulam in O.P. No. 787011988 (Y).
C
With Civil Appeal No. 336212002 and Writ Petition (C) No. 32212001.
T.L.V. Iyer, K.K. Yt!nugopal, Ms. Lily Isabel Thomas, K.R. Sasiprabhu,
M.K. Sreegesh, Krishnan Venugopal, Sajan Prasad, S. Udaya K. Sagar, Ms.
Bina Madhavan, Sa_iian, Rahul Pratap (Mis. Lawyer's Knit Co.,) P. Venugopal,
D Mis K.J. John and Co., E.M.S. Anam, Vipin Nair P.B. Suresh, (MIS. Temple
Law Firm) C.K. Sasi, P.V. Dinesh, Romy Chacko and A.K. Jha for the
appearing parties.
The Judgment of the Court was delivered by
S.B. SINHA, J. Identical questions of fact and law being involved in
E these appeals and the writ petition, they were taken up for hearing together
and are being disposed of by this common judgment. Hindu Nadars,
represented by the Hindu Nadar Corporation, a society registered under the
Societies Registration Act, 1860, are admittedly educationally and socially
backward. The question as regards the extent of reservation between Hindu
p Nadars and those who were converted into Christianity (Christian Nadars-
SIUC Nadars) had been the subject matter of dispute for a long time. They
have all along been treated as belonging to separate and distinct class.
According to the Hindu Nadars they have all along been more socially and
educationally backward than the SIUC Nadars. Both the said categories of
Nadars, however, admittedly come within the purview of Other Backward
G Classes. 40% reservation was allowed to the Other Backward Classes by a
Notification dated 17.12.1958, by the State of Kerala, the division whereof is
as under:
14 to Ezhavas & Thiyyas
H
10 to Muslims
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PRESIDENT, SUIC v. STATE OF KERALA [S.B. SINHA, J.]
479
5 to Latin Catholics, SJUC & Anglo Indians
A
I to Backward Christians (Other Christians)
10 to Other Backward Classes ("remaining OBCs") put together.
Hindu Nadars fell in the category of Other Backward Classes and thus B
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