A two-judge Bench of Justice L. Nageswara Rao and Justice BR Gavai on Friday sought the response of the Centre and others on an appeal filed against the Kerala High Court's order that sub-classifies the minorities by providing merit-cum-means scholarship. The Bench refused to stay the judgment of the High Court.
Senior Advocate CU Singh appeared for the Kerala Government and Advocate Haris Beeran appeared for the petitioner Minority Indians Planning and Vigilance Commission Trust.
The notice was issued by the Supreme Court to the Ministry of Minority Affairs, Kerala State Commission for Minorities, and others on the appeal filed by the State Government.
The Court has also issued notice on two connected petitions, filed by private organizations, namely, Minority Indians Planning and Vigilance Committee Trust and MSM Kerala State Committee.
The Kerala High Court by its May 28th judgment had quashed the orders of the Kerala Government of sub-classifying the minorities by providing merit-cum-means scholarship at 80% to the Muslim community and 20% to Latin Catholic Christians and Converted Christians, holding that it cannot be legally sustained.
The Minority Indians Planning and Vigilance Committee Trust had sought a stay on the judgment of the High Court contending that the Government's order was in operations for the past 13 years. However, the Court refused to grant a stay on the judgment of the High Court.
The High Court had directed the State Government to pass necessary orders providing merit-cum-means scholarship to members of the notified minority communities within the state equally and as per the latest population census accorded with the State Minority Commission.
The Kerala High Court had asserted that providing 80% merit scholarship to the Muslim community was unconstitutional and unsupported by law.
The Apex Court has sought the replies of the Centre and others within 4 weeks.
With PTI Inputs