IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 37851 of 2009(B) -------------------------- PETITIONER(S): --------------- RT.REV.DR.J.W.GLADSTONE, AGED 61, S/O.REV. WILSON, PRESIDENT, S.I.U.C. (SOUTH INDIA UNITE CHURCH), BISHOP HOUSE L.M.S. COMPOUND, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. AKHILENDIA NADAR ASSOCIATION, (PREVIOUS NAME HINDU NADAR CORPORATION) REG.NO.214/1987, REPRESENTED BY ITS GENERAL SECRETARY, N.K.BHASY, CENTRAL OFFICE, MUKKOLA, MULLOOR PO, VIA VIZHINJAM 695 521, THIRUVANANTHAPURAM. 4. K.SURESH KUMAR, AGED 48 YEARS, S/O.KUNJAN NADAR, RESIDING AT PANANINNA VEEDU, KANJIRAMKULAM VILLAGE, KANJIRAMKULAM DESOM, KANJIRAMKULAM POST, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.37851 of 2009 ------------------------------------------- Dated this the 4th day of January, 2010 JUDGMENT According to the petitioner, he is the President of Nadar S.I.U.C. which is a class by itself, for the purpose of reservation under Article 16(4) of the Constitution of India. It is the case of the petitioner that Nadar SIUC enjoyed reservation at turn No.38 in the Chart of rotation. Hindu Nadar did not have a turn in the chart of rotation. According to him, both the classes were clubbed together in 1978 and later on, pursuant to the judgment of the Hon'ble Supreme Court, the groups were separated. The percentage of reservation for each group is to be decided by the Kerala State Commission for Backward Classes. The complaint of the petitioner is that the Government is now initiating action to give the 38th turn to the Hindu Nadar Community on the premise that the initial entry of Hindu Nadar Community preceded that of the Nadar SIUC. The petitioner has submitted Ext.P4 representation to the W.P.(C)No.37851/2009 2 Law Minister, Chief Minister and to the Commission for Backward Communities. Since the decision as to how the benefits of reservation are to be granted to the two groups that have been bifurcated is to be taken by the Government initially, this Writ Petition can be disposed of directing the Government to consider and pass appropriate orders on Ext.P4 representation on an early date. The Government Pleader is not in a position to say whether Ext.P4 has actually been received by the Government or not. 2. In the circumstances, the petitioner is permitted to submit a fresh representation to the Government detailing his grievances. If such a representation is received within a period of one week from today, the first respondent shall consider and pass appropriate orders thereon in accordance with law, after affording an opportunity of being heard to the petitioner and other interested parties. Such orders shall be passed as expeditiously as possible. The Writ Petition is disposed of as above. K.SURENDRA MOHAN, JUDGE css/