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The Kerala High Court today dismissed an appeal challenging a Single Bench order that stayed State Government directions to include the Christian Nadar community under the SEBC list in the State roaster.

The matter was heard before the Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly.

Via order dated February 6, 2021, the State Government of Kerala included Nadars in the State belonging to Christian religious denominations other than SIUC (South Indian United Church) in the list of socially and educationally backward classes for the purpose of providing employment and educational benefits.

An organization engaged in the upliftment of socially and educationally backward classes in the State, namely Kripa, and one more person from the Ganaka community, one of the communities specified by the State as a socially and educationally backward class moved the High Court against this Government order.

They averred that Article 342-A denudes the State Government of the power to specify any class of persons as socially and educationally backward for the purposes of the Constitution with effect from 15th August 2018.

They placed reliance on Jaishri Laxmanrao Patil v. The Chief Minister, which held that 102nd Constitution Amendment took away the power of states to specify and identify SEBCs, to support this argument.

Therefore, following the same, a Single Bench of the High Court stayed the operation of this government order with its order on July 29, 2021.

However, the State Government filed an appeal in the High Court against this order stating that his stay was a result of an 'erroneous appreciation of the law and facts'.

Government said, that the single Judge had deviated from the law laid down by the Apex Court given in paragraphs 176 and 188(vii) in the Maratha Reservation case and overlooked the fact that it was prospective in nature.

Hearing this State’s appeal today, the Division Bench remarked that the matter may be considered by the Single Bench elaborately, and refused to interfere with the decision of the Single Bench.

Here it is to be noted that recently, The Constitution (One Hundred and Fifth Amendment) Act, 2021 was passed by the Parliament and has received Presidents’ assent on 18^th August amending Article 342A. The new amendment restores the power of State/Union Territories governments to prepare and maintain their own State List/ Union territory List of socially and educationally backward classes (SEBCs).

(Case Title: State of Kerala & Anr. v. S. Kuttappan Chettiar & Ors)