State to appeal against High Court order to stay reservation on Christian Nadar community

Thiruvananthapuram: The government is to file an appeal against the single bench order of the High Court staying the decision to include the Christian Nadar community in the reserved category. The government will approach the division bench of the High Court with the appeal next week.   

The government claims that the order including the community in the reserved category came even before the apex court verdict on Maratha case. Therefore, the order issued will legally stand.

The state government order, that provides reservations for all Christian Nadar groups, except South Indian United Church (SIUC), was stayed yesterday.  An interim order was issued by Justice PB Suresh Kumar on a petition filed by S Kuttappan Chettiar and Akshay S Chandran. 

Citing the Jayashree Laxman Rao Patil Case and the 102nd amendment, the High Court has pointed out that adding communities to the list of backward classes is unconstitutional until the President of India decides it. 

According to the amendment, the state government does not have the power to determine which section is socially and educationally backward from August 15, 2018, said the petitioners in the court. The deciding authority is the President of India. The petitioners wanted a stay in the court proceedings until a final judgement.