IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 5459 of 2007(Y) - ------------------------------------- PETITIONER(S): --------------------- AKHILENDIA NADAR ASSOCIATION (ANA), (PREVIOUS NAME: HINDU NADAR CORPORATION) REG.NO. 214/1987, REPRESENTED BY ITS GENERAL SECRETARY N.K.BHASY, CENTRAL OFFICE, MUKKOLA, MULLOOR P.O., VIA.VIZINJAM-695 521, THIRUVANANTHAPURAM. BY ADV. SRI.P.SHRIHARI & SMT.P.VANI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 004. ADDL. RESPONDENTS: 3. RT. REV. DR. J.W.GLADSTONE, AGED 59 YEARS, S/O. REV. WILSON, PRESIDENT, S.I.U.C. (SOUTH INDIA UNITED CHURCH, FOR SHORT), BISHOP HOUSE, L.M.S. COMPOUND, THIRUVANANTHAPURAM. 4. K. SURESHKUMAR, S/O.KUNJAN NADAR, AGED 48 YEARS, RESIDING AT PANAVINNA VEEDU, KANJIRAMKULAM VILLAGE AND DESOM, KANJIRAMKULAM POST, THIRUVANANTHAPURAM. Addl. Respondent No.3 is impleaded vide order dated 3.10.2007 IN I.A. No.4032/07. Addl. Respondent No.4 is impleaded vide order dated 13.7.2009 in I.A. No.4949 of 2007. R1 BY SPECIAL GOVT. PLEAER SRI. P. SANTHOSH KUMAR. R2 BY STANDING COUNSEL SRI. ALEXANDER THOMAS. ADDL. R3 BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE & ADV. SRI.R.T.PRADEEP. ADDL.R4 BY ADV. SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------- W.P.(C) No.5459 of 2007 ------------------------------- Dated this the 13th day of July, 2009 J U D G M E N T Balakrishnan Nair, J. The Akhilendia Nadar Association is the writ petitioner. The writ petition was filed challenging Ext.P6 order of the Government dated 18.1.2007 deciding not to accept the recommendation in Ext.P4 report of the Backward Classes Commission and to direct the Commission to submit a fresh report. During the pendency of the writ petition, the Commission was asked by this Court to expedite its proceedings and file a report. Pursuant to the order of this court dated 15.11.2007, the Commission submitted its report on 26.2.2009. The Government have not so far taken a decision on it. The Government prayed for a further period of three months time to take a final decision. 2. The petitioner and the contesting respondents submitted that they may be furnished with a copy of the report of the Backward Classes Commission and also an opportunity of WPC No.5459/07 - 2 - being heard, before the Government take a final decision on the report. Learned Special Government Pleader who appeared for the first respondent-State, submitted that the report is a document based on which the Cabinet is going to take a decision and therefore, in view of the proviso to Section 8(i) of the Right to Information Act, 2005, the report cannot be made public. We notice that the Apex Court as per its decision dated 28.3.2006 in President, S.I.U.C. v. State of Kerala, 2006 AIR SCW 2189, has directed the Government to take a decision on Ext.P4 report of the Backward Classes Commission with an opportunity to the concerned parties to file objections and also for hearing. Pursuant to that, the third respondent filed his objections and the petitioner and the third respondent were heard by the Government before passing Ext.P6. Learned Counsel for the writ petitioner pointed out that in fact copies of Ext.P4 report were already available with the parties when the matter was being heard before the Supreme Court. In view of the above position, we think, this time also the parties concerned should be given an opportunity of being heard. Without WPC No.5459/07 - 3 - furnishing them with a copy of the report, if hearing is held, it will become an empty formality. Therefore, even assuming under the provisions of Section 8 of the Right to Information Act, 2005, the Government may not have a duty to furnish a copy of the report to the public, the principles of natural justice demand that copies of the report should be given to the parties herein (i.e. writ petitioner and respondents 3 and 4). Therefore, the first respondent is directed to take a decision on the new report submitted by the Backward Classes Commission, in accordance with law, after affording an opportunity of being heard to the petitioner, respondents 3 and 4. The Government will be free to call for others also for a hearing, if it thinks fit. The copy of the report shall be furnished to the petitioner and respondents 3 and 4. The Government will be free to levy the cost of the report from the petitioner and respondents 3 and 4, if it so decides. The report shall be furnished to them within two weeks from the date of production of a copy of this judgment. The Government shall take a decision as expeditiously as possible. Learned counsel for the petitioner opposes the prayer for three months time sought WPC No.5459/07 - 4 - by the Government for taking a decision. But, having regard to the nature of the issue to be handled by them, we do not think that the time sought is unreasonable. Therefore, the Government is granted three months time from today to take a decision in the matter. The writ petition is disposed of as above. Sd/- K. BALAKRISHNAN NAIR, JUDGE. Sd/- C.T. RAVIKUMAR, JUDGE. DK. (True copy)