The Hindu Maravar Community cannot avail the benefits of reservation as they are not included under OBC Category in Kerala: Kerala High Court
Title: Rajan P v State of Kerala
Citation: WP(C) NO. 23667 OF 2022
Decided on: 27.10.2023
Coram: Justice Raja Vijayaraghavan V
Introduction
The Kerala High Court considered a writ petition in which the petitioner contested the appointment of the 4th respondent to the position of Junior Scientist at the Kerala Forest Research Institute under the OBC reservation category. The Court ruled that an individual from the Hindu Maravar Community, originally domiciled in Tamil Nadu, is not eligible for OBC reservation benefits upon relocating to Kerala. This is because the Hindu Maravar Community is not recognized as an OBC category in Kerala.
Facts of the case
The petitioner is a member of the Scheduled Tribe Community, and they have taken their case to the High Court. Their request involves seeking an appointment to the position of Junior Scientist in Wild Life Biology at the Kerala Forest Research Institute. Additionally, the petitioner is challenging the appointment of the 4th respondent to the same position. In the appointment process for the Scientist in Wild Life Biology position, a total of 10 candidates, including the petitioner and the 4th respondent, were shortlisted for interviews. Following the interviews, a selection list was published, and the 4th respondent’s name was included in that list as they belonged to the OBC category. The petitioner, feeling aggrieved by this selection, submitted a representation arguing that the 4th respondent was above the specified age limit and that they were not recognized as an OBC in the State of Kerala.
Court’s observation and analysis
The Court made the observation that the 4th respondent could not avail of the OBC reservation because the Hindu Maravar Community was not recognized as part of the OBC category in Kerala. The Court also noted that the maximum age limit for applying for the Junior Scientist position was 35 years. Age relaxation was permitted for candidates from SC/ST/OBC communities. However, the 4th respondent, aged over 39 years, exceeded the age limit for age relaxation. The application submitted by the 4th respondent indicated that he applied under the OBC (Hindu Maravar) category and claimed age relaxation due to OBC status. The Court emphasized that even for candidates eligible for OBC reservation, age relaxation was limited to three years. Therefore, the 4th respondent could not request age relaxation as he exceeded the age of 39 years.
The Court relied upon the Apex Court decision in Action Committee on the issue of Caste Certificate to Schedule Castes and Scheduled Tribes in the State of Maharashtra and another vs. Union of India and another, (1994) 5 SCC 244, wherein the court’s ruling emphasized that Scheduled Castes and Scheduled Tribes in a specific region should be provided protection to achieve equality with others to the extent they are entitled. However, individuals from these communities who migrate to other regions should ensure that they do not displace or disadvantage the local community members who may also face challenges and disabilities in those areas.
A Division bench of this Court in Abdul Haleem v State of Kerala, (2022 (3) KLT 47), has followed the above precedents and also the law laid down in Pankaj Kumar v. State of Jharkhand & Ors., (2021 (4) KLT OnLine 1152 (SC), and held that a member of the OBC from the State of Karnataka cannot have a claim for the reserved seat under the notification issued by the State of Kerala.
Based on the aforementioned findings, the Court determined that the 4th respondent could not be appointed under the OBC reservation in Kerala because the Hindu Maravar community was not recognized as an OBC category in the state. Additionally, the Court concluded that the petitioner was also ineligible for the Junior Scientist position since it was exclusively reserved for a candidate from the OBC category.
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Written by- Amrita Rout