10% Community Quota For Non-Minority, Non-Backward Classes Unconstitutional: Kerala High Court On State's School Admissions Policy

A division bench of the Kerala High Court recently upheld the decision of the Single Judge holding community-based reservation of 10 percent seats in plus one admissions of aided higher secondary schools run by managements, other than minorities and other backward classes communities, as unconstitutional. The government in July decided to split the 30 percent management quota seats in aided higher secondary schools by reducing it to 20 percent and reserving the other 10 percent for students of the community to which the school management belongs. However, the decision was challenged by the schools which did not want to declare the community to which they belong. Quashing the community-based reservation, the single bench had ruled that the 10 percent seats would stand merged with open merit seats.While the schools were aggrieved by the single bench's ruling wherein it said that 10 percent seats would become general seats and not return to the management quota, the government in appeal said the court should not have interfered with the decision to reserve the 10 percent seats for students of the community to which the management belongs. The division bench of Justice Alexander Thomas and Justice Shoba Annamma Eapen said the 10% community quota reservation was simply a resurrection of what had been struck down by another Division Bench earlier in Akhila Kerala Dheevara Sabha & Anr. v. State of Kerala & Ors. "We are of the firm view that the present 10% reservation quota in managements other than minority and backward class communities is nothing but old wine in a new bottle, and it is a mere resurrection of the very same quota, which was interfered with by the Division Bench and accepted by the State, since the issuance of G.O. dated 09.06.2003. We are not in a position to appreciate why the State Government has again resurrected the 10% community quota in the present cases", the bench observed. On the question that the 10 percent community quota seats should be ordered to be converted as management quota seats instead of open merit seats, the court said it cannot exercise its power of judicial review to pass such an order."Though we have invoked the judicial review power to hold the 10% community quota seats as unconstitutional and invalid, it would be in total derogation of the elementary canons and principles of judicial review if we were to hold that we have the competence to order that the 10% community quota seats should necessarily be converted as management quota seats, and that too overruling the contra stand of the State that, if the Courts hold the 10% community quota seats to be invalid, then the said seats should be merged with open merit quota seats. The Constitutional Courts, exercising the powers of judicial review, should be extremely cautious and circumspect about the exercise of its powers ,in that regard," the court said.The Court further said that it is for the competent authority of the State Government to ensure that a comprehensive Government Order is issued in the matter, free from unnecessary controversies, "so that there is clarity about the various sources and quotas of admissions well in advance before the end of April, 2023 or so, instead of waiting till the last minute, as has been done this year".The resurrection and restoration of the community quota is what led to unnecessary confusions, said the courtThe batch of writ appeals in the case arose out of the common judgement delivered by the Single Judge bench in a clutch of petitions on July 27.The CaseThe batch of petitions had been filed before the Single Judge by the managers of various aided higher secondary schools, impugning the government order dated July 7, issued by the the General Education Department, and the prospectus issued by the Directorate, with the approval of the Government, for regulating admission to plus one course to private aided higher secondary schools for the academic year, 2022-23. The government order had stipulated that the norm that had been followed by higher secondary Schools run by managements, other than minorities and Socially and Educationally Backward Classes (SEBC), of allotting 30% of the total seats in plus two courses for management quota, would be altered - the management quota would only be 20% of the total seats and the 10% seats would be allotted to students of the community to which the management belongs, to be allotted strictly on the basis of inter se merit of such eligible students.The government order also said that if no community is declared by the management for the above purpose, then the 10% community quota seats ought to be converted as general merit seats and the same would then be filled up through the Central Allotment Process (CAP).Single Bench DecisionThe Single Judge allowed the main plea of the petitioners and held that 10 percent community quota is not constitutionally valid. However, the court rejected the schools' second prayer that the 10 percent community...

10% Community Quota For Non-Minority, Non-Backward Classes Unconstitutional: Kerala High Court On State's School Admissions Policy

Navya Benny

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