Muslim appeasement by Kerala’s Communist Government challenged in High Court

Kerala’s Communist Government opened a Coaching centre for minority students who wish to join the Administrative services, providing reservation for Muslims and Backward classes in its admission process and education fees. Local Advocates have filed a petition against this reservation. A detailed report about this case is given ahead.

1. Communists are particularly fond of Muslims

Minority students in Kerala receive assistance in the State-run Coaching centres for the Indian Administrative Services (IAS) and Kerala Public Service Commission (KPSC) examinations. The Government of Kerala provides reservations for students from the minority community; the admission process ensures 50% reservations for Muslims and the remaining 10% for students of Scheduled Castes and Scheduled Tribes. The education fee of all these groups is also waived. The Government openly discriminates in favour of students from the minority and Other Backward Classes (OBCs), Nomadic Tribes (NTs), etc.

As per Articles 14-16 of the Constitution, no discrimination is permissible. Special provisions can be made for minorities based on Articles 29-30, but providing benefits only to a particular minority is illegal. Muslims not only enjoy reservations in admis-sion, but also complete waiver in education fees.

2. Advocates file PIL against the Government’s decision

Adv. S Prasanth and Adv. K Arjun Venugopal have filed a Public Interest Litigation (PIL) in the Kerala High Court against the Kerala Government’s decision. In their petition they noted that in 2010, 50% reservation was given to Muslims in the State-run Coaching centres called ‘Institute of Career Studies and Research’. After giving admission to Muslim students, the Kerala Government also passed an ordinance that these minority students are not required to pay the education fee of Rs 61,000 to the Coaching centres.

While it is illegal to give 50% reservation to a particular community/sect/tribe on the basis of religion as it is against the Constitution and the judgement of the Supreme Court, the Kerala Government has given 50% reservation to Muslims, 8% to SC and 2% to ST, totalling 60% reservations. Supreme Court judgements say that reservations should not exceed 50%. The Kerala Government is discriminating between two minorities through this medium as well.

The Kerala High Court heard the petition on 18.5.2022 and issued a show cause notice order to the Government.

3. Kerala Government’s decision to grant scholarships to Muslim students quashed by the SC and HC

Earlier too, the Kerala Government had adopted a policy of 80% scholarships to Muslims and 20% to others, while granting scholarships to minority students. At that time, the validity of this decision was challenged by Kerala High Court Advocate Justin Pallivathukal. He said, “The total minority community in Kerala is 44%, with Muslims constituting 26% and others 18%”. In this case, the Kerala High Court rolled back the Government’s decision saying, ‘It is illegal to give 80% scholarship to Muslims and only 20% to other minorities. It is also wrong according to Articles 14-15 and 29-30 of the Constitution. This decision is against the judgement of the Supreme Court’.

The Kerala Government then went to the Supreme Court. There they neither got a stay nor a favour.

4. Discrimination by the Government’s decision is anti-Constitutional

While the Kerala Government received a major setback regarding this decision, the petitioners, Adv. S Prasanth and Adv. K Arjun Venugopal said, “Opening Training centres for candidates who want to join the Administrative services is a new scheme, but in doing so, giving 50% reservation to Muslims and waiving their education fee is illegal. This cannot be done”.

While filing their petition, they presented many favourable points, including – “According to Articles 14-15 of the Constitution, it is illegal to grant reservation to Muslims merely because they are a minority. Article 15 of the Constitution states that no person shall be discriminated against on the grounds of caste, religion, creed or gender. However, this discrimination is being done openly. Citizens pay taxes, and taxpayers’ money cannot be spent on a particular sect or religion under the guise of minority”.

The State Government sought time to respond on this. Giving 50% reservation to Muslims had become a priority for the Government. This reflects that the Government wants to jeopardise the future of meritorious, intelligent and brilliant Hindu & Christian students. They are denied entry simply because they are not Muslims. This type of discrimination is unconstitutional.

5. Kerala Government ignored the ‘Creamy Layer’ (Income Group) aspect

The petitioners further said, “When reservations are sought on the basis of caste and religion, it is necessary to check the ‘Creamy Layer’ aspect in the case of OBCs, NTs, etc. Here, the benefit is available if the total income of the parents of students is less than Rs 8 lakh in that financial year. If the income is more than Rs. 8 lakh, the benefit cannot be availed”. In this case, the Kerala Government waived the tuition fees even for the rich Muslims who were among the 50%, which is tantamount to contempt of the ‘Creamy Layer’, which has been universally recognised even by the Supreme Court. The petitioners are of the firm opinion that providing reservation in this manner and making such a decision is illegal.

6. Muslim appeasement is the only ‘Communism’ the Communists believe in !

Kerala High Court’s judgement in this case will be known soon. They have quashed the State Government’s decision to give 80% scholarships to Muslims and 20% to others. Owing to this, the 50% reservation given to Muslims and 10% to SCs and STs, is against the Constitution and the judgement of the Supreme Court. So the impending judgement in this regard is quite obvious to predict.

All we have to do is wait for that momentous verdict. Of the several decisions taken by this Communist Government, it seems that Muslim appeasement is the only ‘Communism’ these Communists believe in !

– H.H. (Adv.) Suresh Kulkarni (Bombay High Court)

CPI (M) loves the Mughals !

A Rajya Sabha Member from the CPI (Marxist) Binoy Viswam, has written to the Modi Government expressing concern about the deletion of Mughals from National Council of Educational Research and Training textbooks.

Viswam wrote that ‘drastic changes are being made to NCERT textbooks’ and it reeks of an attempt to ‘omit information about certain periods of Indian history. He accused the Government of trying to curtail critical analysis of our society, polity and history. He added, “Removal and reduction of content pertaining to the Delhi Sultanate, the Mughal Empire and the works of literature and architecture of that period prima facie appears to be communally biased”.