Kerala HC takes note of prima facie failure of Kerala Govt to carry out revision of OBC List

The Kerala High Court on Monday issued notice in a plea seeking revision of Kerala’s OBC list and a declaration that the Muslim community is entitled to all benefits available to SC/ST..In doing so, the Bench of Chief Justice Hrishikesh Roy and Justice AK Jayasankaran Nambiar also took concern over the fact the Kerala Government appeared to have failed in their statutory duty to revise the State’s list of Other Backward Classes (OBC) periodically..Appearing for the petitioner, Advocate Haris Beeran had highlighted a June 8, 2018 report of the Kerala State Backward Classes Commission. As per this report, the revision, for inclusion or exclusion in the State’s OBC list has not been carried out since the Kerala Government is yet to conduct the Socio-Economic Caste Survey in the State which precedes the revision of the list. In this backdrop, the Court notes,.“The above would suggest a prima facie failure of the State Government in adhering to their statutory obligation under Section 11, of the Kerala State Backward Classes Act, 1993, inasmuch as the required periodic revision of the State’s OBC list has not been carried out. Moreover, the Socio-Economic Caste Survey also is not conducted although, it is a pre-condition, which must precede the revision exercise.“.In view of the same, the High Court admitted the matter and posted it to be taken up next on August 28. Notice on behalf of the State Government was accepted by Government Pleader Aravindakumar Babu. The Court has also directed that notice be served on the Kerala Backward Classes Commission..Inter alia, the petition highlights that while the Muslim population is 26.9 percent of the total population in the State, only 11.4 percent of total Muslims are in government service, a shortage of 136 percent. This, the petitioner argues, has happened because of non-revision of the Reservation List. The petitioner goes on to argue that the backwardness of the Muslim community is comparable to that of Scheduled Castes and Scheduled Tribes..In this backdrop, it is contended that the Muslim Community has a case to be included in the Scheduled Caste list for the purpose of reservation in employment, as fortified by the observations of the Supreme Court in para 795 of the judgment in Indra Sawhney v. Union of India..Earlier, the petitioner had approached the Supreme Court on the same issue. The Supreme Court had, however, given liberty to the petitioner to move the Kerala High Court..[Read Order]