Posted on: 14-01-10 22:02:29
Brilliant decision.
Hope the other states will follow through.
I SALUTE THE JUDGE BANNURMATH & JUDGE BASHEER ON THIS JUDGEMENT.
I bow to Judge Basheer for making such a landmark judgement even when the petitioners were from his very own community.
Justice Basheer has seen beyond his communities interest to the good of the whole state of Kerala.
We need more people like these in Indian Judiciary!.
One man can make a difference and these guys have done it.
What a news from India to start of 2010.
Hope the bigwigs in New Delhi learn a lesson from this decision.
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http://expressbuzz.com/edition/story.aspx?Title=Kerala+HC+upholds+reservation+on+economic+basis&artid=EoXKMBW9SK8=&SectionID=1ZkF/jmWuSA=&MainSectionID=1ZkF/jmWuSA=&SEO=Chief+Justice+S+R+Bannurmath+and+Justice+A+K+Bashe&SectionName=X7s7i|xOZ5Y=
Kerala HC upholds reservation on economic basis
Express News ServiceFirst Published : 14 Jan 2010 02:47:00 AM ISTLast Updated : 14 Jan 2010 12:59:02 PM IST
KOCHI: A Division Bench of the Kerala High Court on Wednesday upheld the state government order providing reservation for financially backward students of forward communities for UG and PG courses in government educational institutions.
Dismissing the petition filed by the Kerala Muslim Jama-Ath Council challenging the government order, the Division Bench comprising Chief Justice S R Bannurmath and Justice A K Basheer said that students of backward communities should secure admission at higher and postgraduate level by competing with meritorious students.
“Reservation has brought a revolutionary change in the socio-economic situation of the backward class. Now they have to wake up from the slumber of satiated insouciance.
Providing financial reservation for the poor segment of forward castes will not in any way affect the rights of the backward class or the benefits they enjoy,” it observed.
The court further observed that it was high time the reservation quota for employment was brought down as excellence in educational and professional fields could be achieved only if there was an element of competitiveness.
The court considered the contention that the poor segment of the forward castes should not be given solace totally uncharitable.
It said there could be no doubt that the government was vested with the power to issue a notification.
The order does not violate any provisions of the Constitution. “A perusal of the order will show that the objective of the govt is to address a problem faced by students belonging to forward castes. Many students of forward castes fail to get admission as they are considered only on the basis of merit. After allocation of seats under various quotas, the number of merit seats is comparatively low. Those denied admission are forced to discontinue studies as they are unable to afford the expense of courses at private institutions,” the court said.
Regarding the contention of the petitioner that the Muslim community had not been given due consideration in the educational sector, the court said that the overall situation of Muslims in the state had undergone tremendous change, especially during the past few years.
“It is high time the community leaders thought of shedding their ‘backward’ tag and prepared to compete with others for a slot in the general merit category,” the court said.
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Sunny Leone a true Canadian DESI now back in India !.
Quote:
Originally posted by Vandematram
Brilliant decision.
Hope the other states will follow through.
I SALUTE THE JUDGE BANNURMATH & JUDGE BASHEER ON THIS JUDGEMENT.
I bow to Judge Basheer for making such a landmark judgement even when the petitioners were from his very own community.
Justice Basheer has seen beyond his communities interest to the good of the whole state of Kerala.
We need more people like these in Indian Judiciary!.
One man can make a difference and these guys have done it.
What a news from India to start of 2010.
Hope the bigwigs in New Delhi learn a lesson from this decision.
-------------------------------------------------------------------------------------
http://expressbuzz.com/edition/story.aspx?Title=Kerala+HC+upholds+reservation+on+economic+basis&artid=EoXKMBW9SK8=&SectionID=1ZkF/jmWuSA=&MainSectionID=1ZkF/jmWuSA=&SEO=Chief+Justice+S+R+Bannurmath+and+Justice+A+K+Bashe&SectionName=X7s7i|xOZ5Y=
Kerala HC upholds reservation on economic basis
Express News ServiceFirst Published : 14 Jan 2010 02:47:00 AM ISTLast Updated : 14 Jan 2010 12:59:02 PM IST
KOCHI: A Division Bench of the Kerala High Court on Wednesday upheld the state government order providing reservation for financially backward students of forward communities for UG and PG courses in government educational institutions.
Dismissing the petition filed by the Kerala Muslim Jama-Ath Council challenging the government order, the Division Bench comprising Chief Justice S R Bannurmath and Justice A K Basheer said that students of backward communities should secure admission at higher and postgraduate level by competing with meritorious students.
“Reservation has brought a revolutionary change in the socio-economic situation of the backward class. Now they have to wake up from the slumber of satiated insouciance.
Providing financial reservation for the poor segment of forward castes will not in any way affect the rights of the backward class or the benefits they enjoy,” it observed.
The court further observed that it was high time the reservation quota for employment was brought down as excellence in educational and professional fields could be achieved only if there was an element of competitiveness.
The court considered the contention that the poor segment of the forward castes should not be given solace totally uncharitable.
It said there could be no doubt that the government was vested with the power to issue a notification.
The order does not violate any provisions of the Constitution. “A perusal of the order will show that the objective of the govt is to address a problem faced by students belonging to forward castes. Many students of forward castes fail to get admission as they are considered only on the basis of merit. After allocation of seats under various quotas, the number of merit seats is comparatively low. Those denied admission are forced to discontinue studies as they are unable to afford the expense of courses at private institutions,” the court said.
Regarding the contention of the petitioner that the Muslim community had not been given due consideration in the educational sector, the court said that the overall situation of Muslims in the state had undergone tremendous change, especially during the past few years.
“It is high time the community leaders thought of shedding their ‘backward’ tag and prepared to compete with others for a slot in the general merit category,” the court said.
Though Court decision is good, I would not say it is a "landmark" judgement. Indian judiciary has become subservient to politicians due to corrupt Indiara’s dirty politics during emergency. Another joker V.P. Singh introduced reservation. I do not know how India , by any stretch of imagination , can be called a democracy when there is reservation of 50-70% for a certain section. However, reflecting a bit more, I do not find this very strange or unusual. For, in their heydays , U.S.S.R. used to claim itself as democratic country.
