Petition in Kerala HC to revise Backward Community List, grant Muslim community benefits available to SC/ST

A petition has been filed in Kerala High Court seeking revision of Kerala’s backward community list and a declaration that the Muslim community is entitled to all benefits available to SC/ST..The petition has been filed by the Minority Indians Planning and Vigilance Commission Trust through advocate Haris Beeran. It has arraigned State of Kerala and Kerala State Commission for Backward Classes as respondents..The petitioner contends violations by State of Kerala in following the directions of the Supreme Court in the judgment of Indra Sawhney v. Union of India [1992 Suppl. (3) SCC 217] with respect to the representation and reservation of members of the Muslim Minority Community, Scheduled Castes, Scheduled Tribes and also about 70 other backward classes in the matter of public employment..Further, the petitioner claims violations of Article 16(4) of the Constitution of India as well as various provisions of the Kerala State Commission for Backward Classes Act of 1993 and Section 5 of Kerala State Backward Classes (Reservation for appointments or posts in the Services under the State) Act, 1995..As a result of the violation, the Muslim community, which is designated as a backward class as an entire block, and Scheduled Castes, Scheduled Tribes and other backward classes have been pushed to the lower strata of society, the petitioner argues..No revision or review of Reservation List of backward classes has been done by the State of Kerala in spite of two decisions of the Supreme Court – Vasanta Kumar (1985) and Indra Sawhney (1992). Hence, it is imperative that the Kerala State Backward Classes Commission revise the backward community list, in line with the mandate in the Indra Sawhney case..The petition states that the Supreme Court, in Indra Sawhney, had directed the constitution of a Commission/ Tribunal for examining requests for inclusion and complaints of over inclusion in the list of backward classes. Although the said Commission was formed in 1993 itself, from the very inception it has refused to act on the various representations made by the Petitioner and other Backward Class Organisations seeking re-examination of the list of backward classes, the petitioner claims..The petition also gives statistical data to buttress its case for the need to revise the backward community list..In the book titled “Keralapadanam” published by the Kerala Sasthra Sahithya Parishath in 2006, the population share of certain backward Classes namely Muslims, Ezhavas, SC and ST have been given but the population share of other backward classes which is about 73 in number has not been given because such information is not available to them..Other Backward Classes mentioned in the book put together is 8.2 percent in the population. But they have got only 5.8 percent of jobs in Government service. Some of the communities grouped in other Backward Classes are virtually not at all represented in the Government service because of the non-revision or review of the Reservation List, the petitioner submits..Regarding the Muslim community, the petition states 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 Reservation List..Justice Narendran Commission, appointed by the State Government in 2000, had also reported that Ezhava Community got its share but the Muslim Community and SC/ST community is lagging behind and there is an underrepresentation of more than 7,890 posts as on 2000..The petitioner then goes on to submit that the backwardness of the Muslim community is comparable to that of Scheduled Castes and Scheduled Tribes..“A cursory glance at the various data would reveal sorry state of affairs of Muslim Community in all aspects – social, economic, and educational – vis a vis other backward class communities in Kerala..The backwardness of the Muslim Community in all respect is comparable to that of Scheduled Castes and Scheduled Tribes. In fact Scheduled Castes and Scheduled Tribes have more representation than Muslim Community in the state’s employment.” .It is, therefore, the petitioner’s argument 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 Indra Sawhney..The petitioner has made, inter alia, the following prayers:.that the State of Kerala be directed to revise the backward community list in accordance with Section 11 of the Kerala State Backward Classes Act, 1993;that the Kerala State Commission for Backward Classes be directed to examine the complaint/representation of the Petitioner in accordance with Section 9 of the Kerala State Backward Classes Act, 1993;a direction be issued to make available a socio-economic caste survey report forthwith;a direction be issued to determine the degree of backwardness of Muslim Community and declare that the Muslim community is entitled to get all benefits available to SC/ST;a direction be issued to State of Kerala to conduct special recruitment for Muslim Backward Class under Rule 17A of the Kerala State and Subordinate Service Rules,1958..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.