Cant Conduct Survey to Ascertain EWS Eligible For 10% Reservation: State Submits, Kerala HC Disposes Plea

Case: Nair Service Society v. State of Kerala & Ors

Coram: Justice P.V. Kunhikrishnan

Case No.: WP(C) NO. 28021 OF 2021

Court Observation: “When the Government says that because of the financial situation, recommendation of a Commission cannot be accepted, this Court is not in a position to pass any orders, invoking the powers under Article 226 of the Constitution of India.”

“But I make it clear that, the petitioner is also free to approach the Government, after some times, if there is any change of circumstances, with a request to implement the recommendation in clause 2(m) of Ext.P3 report, and in such situation, the Government will do the needful, in accordance to law.” “The Commission just wanted to conduct a hurry berry futile survey for making recommendations before the expiry of its term. The legal implications and ramifications of collecting stale data in contravention to clause 2(m) cannot be fathomed by the respondents.”

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Keywords

EWS Eligible, 10% Reservation