PRESIDENT S I U C Vs. STATE OF KERALA
LAWS(SC)-2006-3-40
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on March 28,2006

PRESIDENT, S.I.U.C. Appellant
VERSUS
STATE OF KERALA Respondents


Cited Judgements :-

REMANI C VS. K P S C [LAWS(KER)-2009-11-77] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)Identical questions of fact and law being involved in these appeals and the writ petition, they were taken up for hearing together and are being disposed of by this common judgment. Hindu Nadars, represented by the Hindu Nadar Corporation, a society registered under the Societies Registration Act, 1860, are admittedly educationally and socially backward. The question as regards the extent of reservation between Hindu Nadars and those who were converted into Christianity (Christian Nadars - SIUC Nadars) had been the subject-matter of dispute for a long time. They have all along been treated as belonging to separate and distinct class. According to the Hindu Nadars they have all along been more socially and educationally backward than the SIUC Nadars. Both the said categories of Nadars, however, admittedly come within the purview of Other Backward Classes. 40% reservation was allowed to the Other Backward Classes by a Notification dated 17-12-1958, by the State of Kerala, the division whereof is as under:
14 to Ezhavas and Thiyyas

10 to Muslims

5 to Latin Catholics, SIUC and Anglo Indians

1 to Backward Christians (Other Christians)

10 to Other Backward Classes ("remaining OBCs") put together.

(2.)Hindu Nadars fell in the category of Other Backward Classes and thus they were entitled to reservation from amongst the 10 seats reserved for the remaining "Other Backward Classes" whereas the Christian Nadars fell in the category of Southern India Undivided Church (SIUC). In the said notification, backward communities in the State of Kerala were shown as under:
1. Agasa

2. Ambalakaran

3. Anglo Indian

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15. Ezhava

16. Eshavath

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22. Hindu Nadar

49. Other Christians-Pulayas, Parayas, and other SC or BC members converted to Christianity.

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59. SIUC

(Emphasis supplied)

(3.)However, in the year 1963, 5% reservation which was earlier prescribed for the Latin Catholics SIUC and Anglo-Indians taken together was broken up into: (i) 4% of Latin Catholics, (ii) 1% for SIUC and Anglo Indians together, whereas Hindu Nadars continued to be a part of the remaining Other Backward Classes (OBC) group. Pursuant to or in furtherance of a Government Order issued on 13th December, 1978, an amendment was made in the Kerala State and Subordinate Services Rules, 1958, stating:
"Government, however, consider that some changes to the existing percentage of reservations are necessary in the light of the data collected by them subsequent to the receipt of the Nettur Commissions Report, and are pleased to issue the following orders:

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Latin Catholics and Anglo Indians will form one group and will have a reservation of 4 per cent. Government consider that the Nadar Community (both Nadars presently included in SIUC and Hindu Nadars) deserve to be treated separately in the matter of reservation and hence they will be allowed a reservation of 1 per cent."..........

"(ii) For all direct recruitment other than to Class IV posts - The percentage of reservation will be 14 per cent Ezhavas (existing), 12 per cent to Muslims (an increase of 2 per cent is fully justified in view of their inadequate representation), 4 per cent of Latin Catholics and Anglo Indians, 1 per cent of Nadars (Hindu Nadars and Nadars presently included in SIUC), 1 per cent for Scheduled Caste converts to Christianity (existing), 3 per cent to the group consisting of Asari, Kammala Viswakarma, etc., listed in the Annexure to this G.O., 1 per cent of Dheevara and 4 per cent for Other Backward Classes, other than those specifically mentioned above."



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