The State government has filed an appeal against the decision of a single judge of the Kerala High Court staying its decision to include the Christian Nadar community in the Other Backward Classes (OBC) category.
The single judge had earlier held that only the President and not the State government had the right to expand the list. The court also held that the government decision went against the spirit of the Supreme Court verdict in the Maratha reservation case.
In its appeal filed by senior government pleader V. Manu, the government contented that the single judge erred in appreciating the law laid down by the apex court in the Maratha reservation and connected cases.
The single judge overlooked the fact that the law declared by the apex court in these cases had prospective effect.
A reading of the majority judgment in the Maratha and related cases and the conclusion arrived at by the court showed that all the lists made by the State governments would stay till a comprehensive decision regarding the lists was taken by the President, the State submitted.
The single judge ought to have taken note of the fact that Nadars belonging to Christian denominations other than the South Indian United Church (SIUC) had already been included by the Central government in the Central List of OBCs, the State pointed out.
