High Court Kerala High Court

Samvaranam Nashtapetta Pinnooka vs State Of Kerala on 17 October, 2008

Kerala High Court
Samvaranam Nashtapetta Pinnooka vs State Of Kerala on 17 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37304 of 2003(N)


1. SAMVARANAM NASHTAPETTA PINNOOKA
                      ...  Petitioner
2. EZHAVA CHRISTIAN ASSOCIATION,
3. ASSEMBLIES OF GOD, MALAYALAM DISTRICT
4. SOUL WINNING CHURCH OF INDIA,
5. MOVEMENT FOR UPLIFT OF MALANKARA
6. REV.JACOB JOHNSON, AREA CHAIRMAN,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE KERALA STATE COMMISSION,

                For Petitioner  :SRI.KURIAN GEORGE KANNAMTHANAM (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :17/10/2008

 O R D E R
                       S. SIRI JAGAN, J.
                ------------------------------------
                  W.P.(C)No.37304 OF 2003
              ----------------------------------------
             Dated this the 17th day of October, 2008

                           JUDGMENT

The petitioners are espousing the cause of a class of

persons, who were originally included as other backward classes

eligible for reservation in appointments and were later got

themselves converted to Christianity. As per Ext.P1 order of the

erstwhile Government of Travancore – Cochin, the list of

backward classes included other Christians, which term was

defined to include Pulayas, Parayas and other Scheduled Cast or

Backward Community members converted to Christianity.

Subsequently, after the State of Kerala was formed, Ext.P2 order

was issued, whereby the Government re-defined the term

‘Backward Christians (other Christians)’ to include only converts

from Scheduled Castes and Scheduled Tribes and not converts

from Backward Classes. The petitioners are now aggrieved by

this.

2. According to the petitioners, change of religion will not

take away the status of a person as a member of a Backward

W.P.(c)No.37304/03 2

Class in so far as the very same social disabilities attached to a

person as a member of a backward class would continue to be

attached to the converted backward class member even after

change of religion. The petitioners submit that by Ext.P4, the

Government held that the members of such communities have

been agriculturists for three generations and none of them was

engaged in toddy tapping and therefore, they are not eligible

for being classified as backward classes. This, according to the

petitioners, is a total erroneous view. The petitioners point out

that if that be so, the majority of the Ezhavas in Kerala would

not be eligible for reservation because they are no longer

toddy tappers. The question as to whether the backward class

member converted to Christianity would still be visited with the

disabilities of a backward class member depends on the facts

and circumstances, which can be ascertained only after an

anthropological study, which is beyond the scope of a writ

petition. Normally, such a process should be undertaken by

the Kerala State Commission for Backward Classes appointed

under the Kerala State Commission for Backward Classes Act,

1993. Representations are also pending before the

W.P.(c)No.37304/03 3

Commission in this regard. But the learned counsel for the

petitioners expresses a doubt as to whether the Commission

have powers to decide this question. Section 9 of the said Act

defines functions of the Commission.

“9. Functions of the commission.-

(1) The Commission shall examine
requests for inclusion of any class of citizens as a
backward class in the lists and hear complaints of over-
inclusion or under-inclusion of any backward class in
such lists and tender such advice to the Government as
it deems appropriate.

(2) The advice of the Commission shall
ordinarily be binding upon the Government”.

Going by the said definition, the Commission is vested with the

function of examining requests for inclusion of any class of

citizen as a backward class. Here, the ‘Other Christians’

converted to Christianity from backward community was

originally included as a backward class. Later, they were

excluded. Now what the petitioners seek is inclusion of ‘Other

Christians’ converted from backward communities to be

included in the list of other backward classes for the purpose of

Article 16(4). Therefore, I am satisfied that the said task

W.P.(c)No.37304/03 4

squarely comes within the function of the Commission as

defined in Section 9 of the Act. I am also satisfied that the

Commission is the most appropriate expert body to deal with

this question.

3. The learned Counsel for the petitioner would also

seek a direction that Exts.P2 and P4 be modified for this

purpose. I am of opinion that, that question also can be

considered by the Commission depending upon whether the

Christians converts from backward classes still continues to be

visited with the sufficient disabilities as a backward class.

Accordingly, I direct the 2nd respondent – Commission to

deal with the question and take a final decision in the matter

as provided in the Act, after complying with the procedure

prescribed including issue of notice to all affected parties, as

expeditiously as possible, at any rate, within a period of six

months form the date of receipt of a copy of this judgment. I

also direct the Commission to recommend to the Government

as to whether Exts.P2 and P4 should be modified appropriately

to include the ‘Other Christians’ converted from backward

classes also as ‘Other Christians’, so that the Government can

W.P.(c)No.37304/03 5

take a decision as to whether Exts.P2 and P4 should be

suitably modified if the recommendation of the commission is

in in favour of such a course of action.

The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

Acd

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