The State government’s plea to stay a single judge’s order preventing the inclusion of Christian Nadar community in the list of Other Backward Classes (OBC) was turned down by the Division Bench of the Kerala High Court.
However, the Bench posted the case for August 25 considering the fact that a Constitution amendment Bill empowering the States to modify the OBC list was under the consideration of Parliament. Moreover, a few States have approached the Supreme Court seeking permission to modify the list.
The single judge had earlier stayed the decision of the State government after observing that only the President had the right to expand the list. The court also held that the government decision of inclusion of the community in the list went against the spirit of the Supreme Court verdict in the Maratha reservation case.
In its appeal, the State contended that the Single Judge overlooked the fact that the law declared by the apex court in the case had only prospective effect. The apex court judgement in the Maratha reservation and related cases conclusively 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.
