Right Of State To Provide Reservations Unaffected By UGC Regulations: Kerala High Court

Case: Dr. Abdul Haleem PP v. State of Kerala & Ors.
Coram: Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P
Case No.: WA NO. 1423 OF 2021
Court Observation:
“The right of the State to provide reservation is unaffected by the regulations issued by the UGC which determines the qualifications for selection to a post which is binding on the universities.”
“It is trite that Article 16 (4) of the Constitution of India is an enabling provision which enables the State to provide backward classes including Scheduled Castes and Scheduled Tribes, the reservation in appointments to public services. Such reservation is to be provided on the basis of quantifiable data including the adequacy or inadequacy, as may be of the representation of such classes in government service. Resultantly, such data will vary from State to State and a certification of a particular class as being entitled to reservation in a State cannot ipso facto make it applicable to the other States in the country.”