The Supreme Court today granted leave and expedited the hearing of SLPs challenging a Kerala High Court's judgment that struck down the state government’s 80:20 allocation of scholarships for Muslim and Christian minorities.

The Bench of Justice Hrishikesh Roy and Justice SVN Bhatti noted that connected petitions filed by private entities challenging the High Court's judgment were also listed.

Accordingly, the Court ordered, "Leave granted. Hearing be expedited."

Senior Advocate V Chitambaresh and Senior Advocate Salman Khurshid appeared for parties.

Pertinently, on May 28, 2021, the Kerala High Court had struck down state government orders subclassifying minority communities for merit-cum-means scholarships, allocating 80% to Muslims and 20% to Latin Catholic Christians and converted Christians. The court ruled the scheme legally unsustainable and directed equal distribution of scholarships among all notified minority communities based on the latest population census.

The Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly had issued the direction while dealing with a PIL filed by Justine Pallivathukkal. The petitioner had challenged a 2015 government order that fixed the 80:20 ratio, calling it arbitrary, unjust, and violative of Articles 14 and 15 of the Constitution.

The High Court had noted that the Christian community had repeatedly raised concerns over alleged discrimination against Latin Catholic Christians and converted Christians in scholarship allocation. Despite their representations to the state government and minority commission, no remedial action was taken.

The Bench emphasized that the merit-cum-means scholarship must be distributed equitably among all minority groups without bias, in compliance with constitutional principles. "We are of the considered opinion that the action of the State Government in subclassifying the minorities by providing merit-cum-means scholarship at 80% to Muslim community and 20% to the Latin Catholic Christians and Converted Christians cannot be legally sustained. In that view of the matter, we quash Exhibits P2, P3 and P4 orders of the State Government deliberated above in detail and hereby direct the Kerala State Government to pass requisite and appropriate Government orders providing merit-cum-means scholarship to the members of the notified minority communities within the State equally and in accordance with the latest population census available with the State Minority Commission," the High Court had said.

Cause Title: Minority Indians Planning and Vigilance Commission Trust, Solidarity Youth Movement, All India Backward Classes Federation Kerala Unit Vs Justine Pallivathukkal, State of Kerala [SLP(C) No. 11684/2021; Diary No. 16911/2021]

Justice Hrishikesh RoyJustice SVN BhattiKerala High Court

Sukriti Mishra

Legal Correspondent

Sukriti Mishra is a Legal Correspondent at Verdictum. She extensively covers the Supreme Court. She has completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022, she has previously worked with another legal news portal, where she extensively covered Delhi High Court and Trial Courts. She believes Legal Journalism gives her creative freedom and legal in depth practical knowledge. She enjoys the diversity of her profession. Sukriti truly believes in bringing the raw courtroom exchanges to the general public through proper channels, especially with the high legal awareness in society.