Dismissed

Muslim Employees Cultural Association v. State of Kerala

Kerala HC31 Mar 2023WP(C)/20515/2020

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a writ petition challenging a state government order providing 10% reservation for economically weaker sections in government educational institutions. The court held that the Supreme Court's decision in Janhit Abhiyan rendered the matter devoid of issues for further adjudication.

What did the court decide?

The writ petition is dismissed in its entirety as nothing survives for further adjudication following the Supreme Court's decision in Janhit Abhiyan.

Muslim Employees Cultural Association Vs… — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 31^ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 WP(C) NO. 20515 OF 2020

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PETITIONERS:

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MUSLIM EMPLOYEES CULTURAL ASSOCIATION (MECA), REPRESENTED BY ITS GENERAL SECRETARY, N. K. ALI, AGED 61 YEARS, S/O. KUTTU (LATE), MECA HEAD QUARTERS, PEEDIYAKKAL ROAD, ERNAKULAM TOWN NORTH P. O., ERNAKULAM, KOCHI - 682 018.

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BY ADV T.R.RAJESH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA - 695 001.

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2 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS (RULES) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA - 695 001.

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3 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, KERALA STATE BACKWARD CLASSES DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA - 695 001.

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4 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (U) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA - 695 001.

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W.P(C).20515/2020

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5 THE DIRECTOR OF GENERAL EDUCATION OFFICE OF DIRECTOR OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA - 695 001.

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BY SRI. V. TEKCHAND, SR. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).20515/2020

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J U D G M E N T

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Dated this the 31^st day of March, 2023

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S. Manikumar, CJ

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Instant public interest litigation is filed by the

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petitioner seeking for the following reliefs:

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“a) Issue a writ of Certiorari or other appropriate writ order or direction to quash Ext. P4 Govt. order to the extent it prescribes 10% reservation to economically Weaker sections to the entire seats available in the government educational institutions in the State;

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(b) Issue a writ of certiorari or other appropriate order or direction to set aside Ext.P5 Govt. order to the extent it reserves 10% of seats to the economically weaker sections among the forward class from the total number of seats available for various Higher Secondary Courses available in the Govt. educational institutions in the State.

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(c) Issue a writ of a mandamus or other appropriate writ order or direction commanding the respondents to rectify the mistake in allotment of seats for various Courses in Higher Secondary wing in the government schools in the State.

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(d) Declare that the Economically Weaker Sections can be allotted only 10% of seats from among the Open Merit seats after exhausting the 48% statutory reservation for the backward classes, Scheduled castes and scheduled tribes candidates.

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(e) Issue a writ of a mandamus or other appropriate writ order or direction commanding the respondents to re-allot the remaining seats earmarked for the Economically Weaker Sections to the Socially and Educationally Backward Classes candidates, Scheduled Castes and Scheduled Tribes.

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W.P(C).20515/2020

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(f) Issue a writ of a mandamus or other appropriate writ order or direction commanding the 1^st respondent to consider and pass orders on Ext.P9 representation and rectify the mistakes pointed out therein in relation to the economic reservation ordered by the Government vide Ext.P4 and P5”

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2. Short facts leading to filing of the writ petition are

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as under:

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2.1. The petitioner in this Public Interest Litigation is the General Secretary of Muslim Employees Cultural Association (MECA). The grievance voiced by him relates to the illegalities and anomalies crept in the allotment of Higher Secondary seats for various courses under the Higher Secondary Wing in the State of Kerala. He has stated that pursuant to the 103^rd Constitutional Amendment introduced by Exhibit P3 notification, Government of Kerala appointed Justice K. Sasidharan Nair, as a Commission for recommending the modalities for implementation of 10% reservation for economically weaker sections in General Category in the State. Mr. Sasidharan Nair Commission submitted his

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recommendation/report to the Government on 29.11.2019.

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2.2. The State Government accepted the

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recommendations of the Commission, by issuing Exhibit P4 Government order. By Exhibit P4 Government Order,

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the Government provided 10% reservation to economically weaker sections in General Category, in all educational institutions other than minority institutions, where reservation is provided to other backward classes. Thereafter, by Exhibit P5 Government order, the 4^th respondent implemented 10% economic reservation for the members of the forward caste communities in the Higher Secondary Courses also. In implementation of Exhibits P4 and P5, the 5^th respondent allotted a total number 16,711 seats for the economically weaker sections from the forward caste candidates.

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2.3. According to the petitioner, allotment of 16711 seats to the economically weaker sections is in total violation of the principle of economic reservation, which provides 10% reservation to the economically weaker sections, from among the General seats available in Government Higher Secondary Schools.

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2.4. According to the petitioner, and going through Exhibit P8, the total number of seats available in the Government Higher Secondary Schools is 162815. Going by Exhibit P1 details of reservation published by the 3^rd respondent, 48% of the total seats in the Government Higher Secondary schools has to be earmarked for the Socially and Educationally Backward Classes, in general, which includes the Scheduled Caste and Scheduled Tribes also. Therefore, after deducting the 48% quota of seats earmarked for the Socially and Educationally Backward Classes and Scheduled Caste and Scheduled Tribe, 52% seats available in the open quota shall be divided among the Open Merit category candidates, as well as the economically weaker sections. Thus, applying the above principle, out of the 162815 seats available in Government Higher Secondary schools, only 84653 seats will form the 52% of the total Government seats and the rest of the seats, namely 78151, has to be earmarked for the Socially and Educationally Backward Classes.

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2.5. The specific case of the petitioner is that since

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W.P(C).20515/2020

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the 10% economic reservation can be applied only in respect of 52% of the total seats, only 8466 seats alone can be allotted to the economically weaker sections. However, Ext.P7 allotment statistics would show that a total number 16711 seats are earmarked for the economically weaker sections. This is a great anomaly that has happened in the allotment of seats in the Higher Secondary Courses.

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2.6. The EWS has eaten up even the seats earmarked

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for Socially and Educationally Backward Classes candidates and Scheduled castes and Scheduled tribes, violating the constitutional mandate. Therefore, the petitioner seeks a direction commanding the respondents to rectify the mistake in allotment of seats to the economically weaker sections and re-allot the same to the candidates belonging to Socially and Educationally Backward Classes, Scheduled Caste and Scheduled Tribe, as well as General Category candidates.

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Exhibit P4 Government Order dated 3.2.2020, sought to be quashed in this writ petition, reads as under:

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“GOVERNMENT OF KERALA

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Abstract

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P&ARD – Report submitted by Justice (Rtd) K.Sasidharan Nair Commission, constituted in connection with the implementation of 10% reservation for Economically Weaker Sections in General Category in the State –Recommendations - Approved – Orders issued.

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PERSONNEL AND ADMINISTRATIVE REFORMS (RULES) DEPARTMENT

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G.O.(P) No.1/2020/P&ARD

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Dated, Thiruvananthapuram, 03/01/2020

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Read:- 1. Office Memorandum No.12-4/2019-U1 dated 17^th January, 2019 of the Ministry of Human Resource Development and Department of Higher Education, Government of India.

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Office Memorandum No.20013/01/2018BC-II dated 17^th January, 2019 of the Ministry of Social Justice and Empowerment and Department of Social Justice and Empowerment, Government of India.

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Office Memorandum No.36039/1/2019Estt. (Res) dated 19^th January, 2019 and 31 st January, 2019 of the Ministry of Personnel, Public Grievances and Pensions and Department of Personnel and Training, Government of India.

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G.O(Ms) No.5/2019/P&ARD dated 12^th March, 2019.

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ORDER

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Government, as per Government Order read as 4^th paper above, have constituted a Commission with Justice (Rtd.) K.Sasidharan Nair (formerly Secretary, Law Department) as Chairman and Adv.M.Rajagopalan

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Nair (Chairman, Devaswom Recruitment Board) as member, for examining and recommending the criteria for deciding the Economically Weaker Sections in the General Category and the mode of implementation of such reservation in the State, in pursuance to the Constitutional amendment and the consequent Notifications issued by the Central Government for implementation of 10% reservation to the Economically Weaker Sections in General Category.

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After making an in-depth evaluation of various aspects and the data collected in this regard, the Commission submitted a detailed report in three volumes to Govt. on 29.11.2019 along with recommendations, Model of Rosters for maintaining the turn of rotation in PSC appointment of Economically Weaker Sections in General Category, the model of Income and Asset Certificate to be produced by the said categories for the benefit of reservation, model of Anthyodaya Annayojana (AAY) and Priority House Holds (PHH) Certificates to be produced by the Economically Weaker Sections.

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Government have examined the Report and found that some modifications in some of the entries in the Model Roster I & II recommended by the Commission for fixing turn of rotation for Economically Weaker Sections are required, as they are inconsistent with the same entries in the Annexure I & II to Rule 15 of Part II of the Kerala State and Subordinate Services Rules, 1958 and hence the same

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are to be modified at par with the said rules.

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In the circumstances, Government are pleased to approve the following recommendations of the Commission along with Model Rosters (with some modifications), formats of Income and Asset Certificate, Anthyodaya Annayojana (AAY) and Priority House Holds (PHH) Certificate to be produced by the Economically Weaker Sections for availing the benefit of reservation which are appended as Annexures I to III to this Order.

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Recommendations

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Persons who are not covered under the scheme of reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes and whose family has gross annual income up to Rs.4 lakhs (Rupees Four Lakhs only) are to be identified as Economically Weaker Sections for the benefit of reservation provided under Clause (6) of Article 15 and Clause (6) of Article 16 of the Constitution of India.

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The identification of persons under Economically Weaker Sections as above shall be subject to other exceptions here in after enumerated.

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The term “family” for the purpose of reservation to admissions in educational institutions and public employment covered under Clause (6) of Article 15 and Clause (6) of Article 16 of the Constitution of India shall include the person who seeks the benefit of reservation, his/her parents, siblings below the age of 18 years as also his/her spouse and their children below the age of 18 years.

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Income from all sources, subject to the following

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W.P(C).20515/2020

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exemptions, are to be taken for computing the annual income of the family.

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Exemptions

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Agricultural income from house plots in Municipality or Municipal Corporation of which the ceiling limit is specified.

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Amounts received as social security pensions.

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Family Pension.

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Unemployment Wages.

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Festival Allowance.

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Terminal benefits.

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Travelling Allowance.

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Persons whose family owns or holds an extent of more than 2.5 Acres of land in Grama Panchayat area or more than 75 cents in Municipal area or 50 cents in Municipal Corporation area are excluded from being identified as Economically Weaker Sections in General Category.

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The lands in all locations shall be clubbed together to ascertain the extent.

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If the applicants’ family is having lands in Panchayat area as well as in Municipality or Municipal Corporation limits, such lands shall be clubbed together and if the extent is more than 2.5 acres, he shall be excluded from being identified as Economically Weaker Sections.

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If the applicants’ family is having lands both in Municipal area and Municipal Corporation area, the above lands shall be clubbed together and if the total extent is more than 75 cents, he shall be excluded from being identified as Economically Weaker Sections in General Category.

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“Land” shall include all types of lands.

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Persons whose family owns or holds house plots having an area of more than 20 cents in a Municipality or 15 cents in Municipal Corporation area shall be excluded from being identified as Economically Weaker Sections in General Category.

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If more than one house plot is owned or held by the family, all such plots shall be clubbed together to ascertain the extent of house plot.

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If the family has house plots in Municipality and also in Municipal Corporation limits, then all such plots shall be taken together and if the area of such plots is more than 20 cents, the person belonging to such family shall be excluded from being identified as Economically Weaker Sections in General Category. House Plot is defined as a plot where a house is situated or a house can be built.

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Applicants whose names are entered in the Ration cards issued to the families in the category of Anthyodaya Annayojana (AAY) or Priority House Holds (PHH) shall be identified as belonging to Economically Weaker Sections in General Category irrespective of any other criteria.

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Such applicants need to produce only a certificate stating that his/her name is included in the Ration Card issued under such category.

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The Village Officer concerned shall be the officer competent to issue such certificate. The format of Certificate is appended as Annexure III.

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10% reservation shall be provided to posts and services of the State, and also to the posts of Public Sector Units in which majority shares are owned by the State of Kerala. Model rosters for turn of reservation is appended as Annexure I.

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Commission recommends to provide 10% reservation to Economically Weaker Sections in General Category in all educational institutions other than minority institutions, where reservation is provided to Other Backward Classes.

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Since reservation is being given to Other Backward Classes in Government Higher Secondary Schools, the reservation up to 10% may be given to Economically Weaker Sections in General Category in Government Higher Secondary Schools.

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The Commission also recommends to provide 10% reservation to Economically Weaker Sections in General Category to all Higher Educational Institutions other than minority institutions, where reservation to Other Backward Classes are provided.

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The income of the family for the financial year prior to

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the year of application need to be taken into consideration for issuing the Income and Assets Certificate.

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The details of the properties held by the family shall be declared by the applicant by himself/herself. If the verification reveals that the claim to belong to Economically Weaker Sections is fake/false, his/her service/admission will be terminated forthwith without assigning any further reasons and this shall be without prejudice to such further action as it deem fit by the Government.

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The Village Officer concerned shall be the competent authority to issue the income and Asset certificate, the form of which is shown as Annexure II.

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The Tahsildar concerned shall be the appellate authority.

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The R.D.O. concerned shall be the revisional authority.

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The appointing authority should, in the offer of appointment to candidates claiming to belong to Economically Weaker Sections, include the following clause;

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“The appointment is provisional and is subject to the income and asset certificate being verified through the proper channels and if the verification reveals that the claim to belong EWS is fake/false the services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of fake/false Certificate”

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Person belonging to Economically Weaker Sections in General Category who are selected/admitted on the basis of merit and not on account of reservation shall not be counted towards the quota meant for reservation.

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Where in any recruitment year, any vacancy earmarked for Economically Weaker Sections in General Category cannot be filled up due to non-availability of suitable candidates belonging to Economically Weaker Sections, such vacancies shall not be carried forward as back log and such vacancy shall be allotted to open

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competition.

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There shall be no reservation to Economically Weaker Sections for appointment to single post recruitment.

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The Commission recommends that grievance redressal cell/officer may be constituted in departments/directorates. Periodical reports on redressal of grievance may be forwarded to the Government in G.A.D.(Co-ordination).

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All Government Departments/Directorates/Public Sector Undertakings shall forward periodical reports of unfilled vacancies of Economically Weaker Sections in General Category to Government in G.A.D. (Co-ordination). Total number of vacancies anticipated in six months shall also be reported.

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The Scheme for reservation of Economically Weaker Sections in General Category in the State of Kerala can be made effective from the date as fixed by the Government.

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The criteria for identification of Economically Weaker Sections in General Category may be reviewed and modified periodically, preferably by following a time frame of 3 years.

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A monitoring cell in Government Secretariat may be constituted to oversee the performance of the implementation of the reservation scheme of Economically Weaker Sections in General Category.

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Government are also pleased to authorise the following Administrative Departments in the Government Secretariat to take further necessary action on the above recommendations as noted against each :-

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Department	Recommendations
Personnel and Administrative Reforms Department	7 & 1-6, 10-18, 22 (orders will be issued in consultation with Revenue Department)
Planning and Economic Affairs Department	7 (reservation in PSUs)

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General Education Department	8,9
Higher Education
Department
General Administration (Co-Ordination) Department	19, 20, 23

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(By order of the Governor)”

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K.GOPALAKRISHNA BHAT SECRETARY”

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Having regard to the decision rendered by the

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Hon’ble Supreme Court in Janhit Abhiyan v. Union of India reported in 2022 SCC Online SC 1540 [W.P.(C) No.55 of 2019 and connected cases dated 7.11.2022], we are of the view that nothing survives for further adjudication in this writ petition. Accordingly, writ petition is dismissed.

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Sd/S. Manikumar, Chief Justice

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Sd/Murali Purushothaman, Judge

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sou. xxxx

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PETITIONER EXHIBITS

EXHIBIT P1	TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE DISTRICT REGISTRAR GENERAL, PATHANAMTHITTA DATED 08.12.1989 BEARING NO.P-362/89
EXHIBIT P1(a)	TRUE ENGLISH TRANSLATION OF THE EXT.P1 REGISTRATION CERTIFICATE.
EXHIBIT P2	TRUE COPY OF THE DETAILS OF RESERVATION PUBLISHED BY THE BACKWARD CLASSES DEVELOPMENT DEPARTMENT.
EXHIBIT P3	TRUE COPY OF THE CONSTITUTION ONE HUNDRED AND THIRD AMENDMENT ACT, 2019 PASSED BY THE PARLIAMENT AND NOTIFIED BY MINISTRY OF LAW AND JUSTICE BY THE GAZETTE OF INDIA DATED 12.01.2019.
EXHIBIT P4	TRUE COPY OF THE GO(P) No.1/2020/P AND ARD DATED 3.01.2020.
EXHIBIT P5	TRUE COPY OF THE GO(MS) No.137/2020/G.EDN. DATED 11.08.2020.
EXHIBIT P5 (a)	TRUE ENGLISH TRANSLATION OF GO(MS) No.137/2020/G.EDN. DATED 11.08.2020.
EXHIBIT P6	TRUE COPY OF RELEVANT PAGES OF THE PROSPECTUS ISSUED BY THE 5TH RESPONDENT DATED NIL.
EXHIBIT P6(a)	TRUE ENGLISH TRANSLATION OF EXHIBIT P6 PROSPECTUS.
EXHIBIT P7	TRUE COPY OF FIRST ALLOTMENT STATISTICS (SINGLE WINDOW ADMISSION 2020-21) PUBLISHED BY THE 5^TH RESPONDENT IN ITS WEBSITE DATED NIL.
EXHIBIT P8	TRUE COPY OF CHART SHOWING THE DETAILS OF SEATS AVAILABLE UNDER VARIOUS CATEGORIES WHICH INCLUDED GOVT. SEATS, AIDED SEATS AND UNAIDED SEATS.
EXHIBIT P9	TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1^ST RESPONDENT BEARING NO.MECA/HSC/26/2020 DATED 21.09.2020.

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EXHIBIT P10 TRUE COPY OF GO(MS)NO.5/2019/P&ARD DATED 12.03.2019 ISSUED BY THE 2^ND RESPONDENT. EXHIBIT P10(a) TRUE ENGLISH TRANSLATION OF EXT.P10. EXHIBIT P11 TRUE COPY OF THE CHART PREPARED BY THE PETITIONER. EXHIBIT P12 TRUE COPY OF THE ALLOTMENT STATUS PUBLISHED BY THE 5^TH RESPONDENT.

Muslim Employees Cultural Association v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muslim Employees Cultural Association v. State of Kerala

Case brief

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