Point of Law: Appointment of a Commission to investigate conditions of backward classes - President has not prepared and published a list under Article 342A of Constitution of India; that President has power to ultimately identify socially and educationally backward classes; and that till such exercise is completed, socially and educationally backward classes list prepared by States would govern field.

JUDGMENT :

S. Manikumar, J.

Instant public interest writ petition is filed for the following reliefs:

(i) Issue a writ of mandamus or any other appropriate writ, order or direction, to declare that Muslims, Latin Catholics, Christian Nadars, and Scheduled Castes converted to any denomination in Christianity, are not entitled to be treated as backward classes/socially and educationally backward classes in the State of Kerala.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 1 to 3, to remove Muslims, Latin Catholics, Christian Nadars and Scheduled Castes converted to any denomination in Christianity from the list of backward classes/socially and educationally backward classes and stop providing reservation to the members of those communities for employments in Government services and public sector undertakings and in any instrumentalities under the State, as well as for education, in the State of Kerala.

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction to the 3rd respondent, to prepare afresh the list of backward classes/socially and educationally backward classes of the State of Kerala eligible for reservation under Articles 15(4) (5) and 16(4) of the Constitution of India, taking into account the present social and economic status of these communities, within a time limit to be fixed by this Court.

(iv) Issue a writ of mandamus or any other appropriate writ, order or direction to respondents 1 and 2, to stop all the financial aids given to Muslims, Latin Catholics, Christian Nadars, and Scheduled Castes converted to any denomination in Christianity for educational and other social welfare activities based on Sachar Committee and Paloli Committee reports considering them as socially and educationally backward.

2. Facts leading to the filing of instant writ petition are that petitioner is a registered trust established for the purpose of fighting injustice against Hindu community. This writ petition is filed against the reservation provided to certain communities, including Muslims, treating them as socially and educationally backward, in spite of the fact that they are not socially and educationally backward. Grievance of the petitioner is that Muslims and certain sections of Christians are provided with reservation in education, as well as in jobs, in the State of Kerala, treating them as socially and educationally backward, though majority of them are not socially or educationally backward.

3. Referring to Article 15(4) of the Constitution of India, petitioner has further stated that the State shall not be prevented from making any special provision for the advancement of any socially and educationally backward class of citizens. He also referred to Article 16(4) of the Constitution of India and submitted that the State shall not be prevented from making any provision for the reservation of appointments or posts, in favour of any backward classes of citizens, which, in the opinion of the State, is not adequately represented in the services.

4. According to the petitioner, based on the above two provisions, the State of Kerala has decided to include Muslims, Latin Catholics and Nadars, included in S.I.U.C. (now the entire Christian Nadars), and Scheduled Castes converted to Christianity, in the list of other backward classes, for the purpose of providing education, as well as job. Hence, the primary condition of being backward class is, that particular caste should be socially and educationally backward, and the first criterion should be that the communities viz., Muslims, Latin Catholics and Christian Nadars of all denominations should be educationally and socially backward.

5. Petitioner has further stated that only if they are educationally and socially backward, they can be considered as backward class, enabling them for reservatio