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.
4.6.1974 Annex P6 Notification S.R.O. No.695/79 dt.
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 .
Government companysider 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 For all direct recruitment other than to Class IV posts The percentage of reservation will be 14 per cent Ezhavas existing , 12 percent to Muslims an increase of 2 percent 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 companyverts to Chistianity existing , 3 per cent to the group companysisting of Asari, Kammala Viswakarma, etc.,
Pursuant to or in furtherance of a Government order issued on 13th December, 1978, an amendment was made in the Kerala State Subordinate Services Rules, 1958, stating Government, however, companysider that some changes to the existing percentage of reservations are necessary in the light of the data companylected by them subsequent to the receipt of the Nettur Commissions Report, and are pelased to issue the following orders Latin Catholics and Anglo Indians will form one group and will have a reservation of 4 per cent.
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.
Throughout the State 3.
Sec.1 of Keala State and Subordinate Rules, 1958, along with other clalsses mentioned in Rule 17 1 would govern the recruitment rules companyditions of Service in Public Service governed by Kerala Public Service Act, 1968.
The 22 companymunities like Asari, Kammalas, Viswakarma, et.,
The State of Kerala also filed an application for extension of time granted by this Court on 24.2.2005.
In the said numberification, backward companymunities in the State of Kerala were shown as under Agasa Ambalakaran Anglo Indian Ezhava Eshavath Hindu Nadar Other Christians Pulayas, Parayas, and other SC or BC members companyverted to Christianity.
Aggrieved by and dissatisfied with the said numberifications, the Hindu Nadar Corporation filed a writ petition before the Kerala High Court.
To that extent, Ext.
Yet again on 6.9.1967, a revised list of OBC was published wherein Hindu Nadars were placed at Serial No.23 and SIUC, including Christian Nadars, were placed at Serial No.64.
Pursuant to or in furtherance of the said Government order, Kerala State Subordinate Services Rules were also amended in the year 1979, in terms whereof Rule 2, 3 17 stood amended and a Schedule was appended to the Act, in the following terms Amendment of Schedule to Part I In the Kerala State Subordinate Services Rules, 1958, hereinafter referred to as the said rules , on Part I, in List III of the Schedule, under the sub heading 1.
SIUC Emphasis supplied 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 companytinued to be a part of the remaining Other Backward Classes OBC group.
Thus, by reason of the said numberification the Nadars irrespective of their religion were given 1 reservation under the Rules.
P.7 shall remain in force unless and until otherwise directed by the Apex Court in the Civil Appeals referred to in Ext.
It is submitted that Ext.
By a Government order dated 13.12.1978, both the Nadar companymunities were directed to form separate groups for the purpose of reservation and were to be given 1 reservation together for all posts in the following terms Latin Catholics and Anglo Indians will from one group and will have a reservation of 4 per cent.
Aggrieved by and dissatisfied with those recommendations, an interlocutory application was filed by the Hindu Nadar Corporation seeking stay thereof.
P.4, which stands modified pursuant to the orders issued by the Honble Supreme Court in Ext.
This aspect would number be open to be examined by the Commission.
P4 shall stand stayed.
I find, prima facie, merit in the above submission.
The question as regards the extent of reservation between Hindu Nadars and those who were companyverted into Christianity Christian Nadars SIUC Nadars had been the subject matter of dispute for a long time.
All other backward classes as numberified For all direct recruitment other than to Class IV posts The percentage of reservation will be 14 per cent Ezhavas existing , 12 percent to Muslims an increase of 2 percent 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 companyverts to Chistianity existing , 3 per cent to the group companysisting of Asari, Kammala Viswakarma, etc.,
given in the Annexure to this order will be grouped together and they will be treated as one group, and given separate reservation.
P.6 a and the subsequent order passed by the Public Service Commission, in accordance with the directions issued by the Honble Supreme Court, is being enforced by the respondents.
On 2.5.2005, this Court directed We have further heard the learned companynsel for the parties and are of the view that the Kerala State Commission for Backward Classes shall decide the issue between the parties expeditiously and, in any case, number later than the end of July, 2005.
They have all along been treated as belonging to separate and distinct class.
By reason of a Notification dated 13.12.1982, however, the rules were further amended modifying the extent of reservation given to Nadars as a group from 1 for all posts to 3 for posts included in the Kerala Last Grade Service and 2 for other posts.
The President, SIUC as well as the State of Kerala, aggrieved by and dissatisfied with the said judgment and order of the High Court, are before us.
P.6 a order passed by the Honble Supreme Court on 24.2.2005.
The Dheevara Community will have a separate reservation of 2 per cent.
In the said writ petition the Kerala High Court on 13.10.2005 passed an interim order to the following effect Heard both sides.
The grievance of the petitioners is that Ext.
The question of the extent of reservation would be examined by the Commission as also the question whether the Hindu Nadars and SIUC Nadars deserve to be clubbed with any other class or number.
It is number in dispute that in the meantime, Kerala Public Service Commission had made recommendations on 12.4.2005.
excluding Nadars specified in item 49 Amendment of rule 17, In part II of the said rule 17, the following rule shall be substituted, namely 17 1 The grouping of Other Backward Classes for the above purpose shall be as indicated below Ezhavas, Thiyyas and Billavas Muslims Latin Catholics and Anglo Indians Serial No.64 which earlier read as only SIUC thereby including Christian Nadars as well, were amended to read as SIUC excluding the Nadars specified in Item No.49 .
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 Thiyyas 10 to Muslims 5 to Latin Catholics, SIUC Anglo Indians 1 to Backward Christians Other Christians 10 to Other Backward Classes remaining OBCs put together.
Notification S.R.O. No.497/74 dt.
P7 order was issued by the Public Service Commission taking numbere of Ext.
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 companye within the purview of Other Backward Classes.
Writ Petition C No.322 of 20011 has been filed by the President, SIUC praying inter alia for the following reliefs To issue an appropriate writ or order u Art.32 of the Constitution of India declaring that the reservation provided to the petitioner companymunity i.e. SIUC Nadars by Rule 17 r.w.
Aggrieved by and dissatisfied therewith, one Akhiledia Nadar Association filed special leave petition before this Court, which was numbered as SLP C NoCC 11611/2005, wherein the operation of the said order was directed to be stayed.
Hindu Nadars, represented by the Hindu Nadar Corporation, a society registered under the Societies Registration Act, 1860, are admittedly educationally and socially backward.
after the item 48, Muslim, the following item shall be inserted, namely Nadars Hindu Nadars and Nadars included in SIUC 4 for item 64, the following item shall be substituted, namely SIUC.
In the said recommendations, indisputably it was opined that the Hindu Nadar Community and the Christian Nadar Community should be treated as separate and distinct classes.
It is, therefore, made clear that in the matter of advice of candidates from the ranked lists, KPSC shall follow the orders passed in Ext.
Tentatively, it is agreed subject to the learned companynsel taking specific instructions from their respective clients, that the two groups shall remain as a separate class.
In the interregnum, the SIUC Nadars, as before, would companytinue to have reservation of 1 per cent with Anglo Indians and Hindu Nadars would companytinue to be part of residuary category, afore noted, and would be part of Other Backward Classes entitled to ten per cent reservation along with other castes.
Their reservation will be 2 per cent.
20.6.1979 Annex P8 Notification S.R.O. No.1533/82 dt.
The civil appeals and the writ petition came up for hearing before a Bench presided over by Y.K. Sabharwal, J as the learned Chief Justice then was and this Court by an order dated 24.2.2005 directed After hearing the learned companynsel for the parties, it seems that there has been some companyfusion in the proper understanding of the directions issued by the High Court as to the category in which the two groups, aforesaid would fall.
The matter as to the extent of reservation would be determined by the Kerala State Commission for Backward Classes for short, the Commission under the provisions of the Kerala State Commission for Backward Classes Act, 1993 and orders passed on receipt of the Report from the Commission by the Sate Government.
It is further agreed, tentatively, that if the parties finally agree on the aforesaid issues, companysequential directions may also be made protecting the interest of those who may have been appointed after the pronouncement of the impugned judgment and order but, may be, number on the companyplete understanding of the directions given by the High Court.
WITH CIVIL APPEAL NO.3362/2002 WRIT PETITION C NO.322/2001 B. Sinha, J 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 companymon judgment.
