The Nair Service Society (NSS) has moved the Supreme Court of India contending that caste-based reservation will damage the social equilibrium of Kerala..The petitioner has sought a declaration that the determination of backward class of citizens for the purpose of Article 16(4) of the Constitution, cannot rest on caste as a factor. It has, therefore, sought a modification of the present reservation regime in the State so as to be in consonance with a harmonious treatment of the right to equal opportunities with adequate representation of only the deserving sections of the community..The petition makes the specific prayer for a direction to be issued to the State government to cease to apply the current criteria of backwardness and providing for reservations till quantifiable data as regards backwardness in the State is collected as per the decision in M. Nagaraj v Union of India reported in (2006) 8 SCC 212..As per the petition, NSS which was established by Mannathu Padmanabha Pillai is a social service organization which works for the Social and Economic Welfare of the people of Kerala even though the organization is classified in public life as a caste-based organization. The petition states that NSS has the specific objective to function for the progress and advancement of the Nair Community which in turn will augment the overall development of Kerala..The petition contends that caste based reservation that continued for the last 6 decades created a huge adverse impact on the society since the so-called forward castes like Nairs were adversely affected in the field of Education and Employment in Government Services..Further, Nair caste consists of various sub-divisions and not all of them are forward, the petitioner contends placing reliance on a study by anthropologist Kathleen Gough..It is the petitioner society’s grievance from the very beginning that the members of the community have been neglected under the present scheme of reservation in every sense since the community is purportedly called to be “forward”..The petitioner has submitted that the present form of reservation based on caste will further damage the social equilibrium of Kerala..The State of Kerala already has a homogeneous population with education being the backbone of its social and economic system..Even without collecting the data to find out whether the reserved communities are adequately represented, from the existing sources it is clear that further reservation may not be necessary for any backward class citizen as the concept of backwardness as envisaged under Article 16(4) of the Constitution of India has undergone significant changes in the State of Kerala. Any further affirmative action will result in social injustice, the petition states..The petition further contends that in the case of M. Nagaraj vs. Union of India, it was specifically held that backwardness had to be assessed by collecting quantifiable data in every 10 years. This exercise if it is not completed, will run counter to the dictum in M. Nagaraj..It is the petitioner’s case that equality and social justice are dynamic concepts and there is presently a situation in which caste-based reservation should be replaced by class-based reservation at least partially..Contending that the continued grant or extension of reservation for those who are not only not backward but are also adequately represented is beyond the domain of Article 16(4) of the Constitution, the petitioner has made inter alia, the following prayers:.Declare that the determination of backward class of citizens for the purpose of Article 16(4) of the Constitution, cannot rest on caste as a factor from any aspect; and.Declare that the determination of backward class of citizens for the purpose of Article 16(4) of the Constitution will be effectively accomplished, only on the basis of relevant factors set out in a proper legal framework, which would be capable of being reviewed periodically in order that equality of opportunities for all citizens is always facilitated and is neither directly nor indirectly stifled or frustrated; and.Till quantifiable data is collected strictly in terms of the decision of this Hon’ble Court in M. Nagaraj v Union of India reported in (2006) 8 SCC 212, the State of Kerala will cease to apply the current criteria of backwardness and providing for reservations; and.Direct the respondents to make necessary changes and modifications in the current framework of, Rules, Regulations, Orders etc. relating to reservations so as to be in consonance with a harmonious treatment of the right to equal opportunities with adequate representation of only the deserving sections of the community.
The Nair Service Society (NSS) has moved the Supreme Court of India contending that caste-based reservation will damage the social equilibrium of Kerala..The petitioner has sought a declaration that the determination of backward class of citizens for the purpose of Article 16(4) of the Constitution, cannot rest on caste as a factor. It has, therefore, sought a modification of the present reservation regime in the State so as to be in consonance with a harmonious treatment of the right to equal opportunities with adequate representation of only the deserving sections of the community..The petition makes the specific prayer for a direction to be issued to the State government to cease to apply the current criteria of backwardness and providing for reservations till quantifiable data as regards backwardness in the State is collected as per the decision in M. Nagaraj v Union of India reported in (2006) 8 SCC 212..As per the petition, NSS which was established by Mannathu Padmanabha Pillai is a social service organization which works for the Social and Economic Welfare of the people of Kerala even though the organization is classified in public life as a caste-based organization. The petition states that NSS has the specific objective to function for the progress and advancement of the Nair Community which in turn will augment the overall development of Kerala..The petition contends that caste based reservation that continued for the last 6 decades created a huge adverse impact on the society since the so-called forward castes like Nairs were adversely affected in the field of Education and Employment in Government Services..Further, Nair caste consists of various sub-divisions and not all of them are forward, the petitioner contends placing reliance on a study by anthropologist Kathleen Gough..It is the petitioner society’s grievance from the very beginning that the members of the community have been neglected under the present scheme of reservation in every sense since the community is purportedly called to be “forward”..The petitioner has submitted that the present form of reservation based on caste will further damage the social equilibrium of Kerala..The State of Kerala already has a homogeneous population with education being the backbone of its social and economic system..Even without collecting the data to find out whether the reserved communities are adequately represented, from the existing sources it is clear that further reservation may not be necessary for any backward class citizen as the concept of backwardness as envisaged under Article 16(4) of the Constitution of India has undergone significant changes in the State of Kerala. Any further affirmative action will result in social injustice, the petition states..The petition further contends that in the case of M. Nagaraj vs. Union of India, it was specifically held that backwardness had to be assessed by collecting quantifiable data in every 10 years. This exercise if it is not completed, will run counter to the dictum in M. Nagaraj..It is the petitioner’s case that equality and social justice are dynamic concepts and there is presently a situation in which caste-based reservation should be replaced by class-based reservation at least partially..Contending that the continued grant or extension of reservation for those who are not only not backward but are also adequately represented is beyond the domain of Article 16(4) of the Constitution, the petitioner has made inter alia, the following prayers:.Declare that the determination of backward class of citizens for the purpose of Article 16(4) of the Constitution, cannot rest on caste as a factor from any aspect; and.Declare that the determination of backward class of citizens for the purpose of Article 16(4) of the Constitution will be effectively accomplished, only on the basis of relevant factors set out in a proper legal framework, which would be capable of being reviewed periodically in order that equality of opportunities for all citizens is always facilitated and is neither directly nor indirectly stifled or frustrated; and.Till quantifiable data is collected strictly in terms of the decision of this Hon’ble Court in M. Nagaraj v Union of India reported in (2006) 8 SCC 212, the State of Kerala will cease to apply the current criteria of backwardness and providing for reservations; and.Direct the respondents to make necessary changes and modifications in the current framework of, Rules, Regulations, Orders etc. relating to reservations so as to be in consonance with a harmonious treatment of the right to equal opportunities with adequate representation of only the deserving sections of the community.
