Holding

The Supreme Court held that, because the State had already implemented the High Court's order treating Hindu Nadars and Christian Nadars as separate classes, there was no longer any dispute, rendering the appeals and writ petition infructuous.

Summary

The President of the Southern India Undivided Church (SIUC) challenged Kerala State notifications that treated Hindu Nadars and Christian Nadars as a single Other Backward Class for reservation purposes under Article 16(4) of the Constitution. The Kerala High Court had held those notifications illegal, directing that the two Nadar groups be treated as separate classes. While the matter was pending before the Supreme Court, the State and the Kerala Public Service Commission had already implemented the High Court's order, treating the two groups separately, and the Backward Classes Commission also recommended the same. The parties, including the petitioner, accepted this implementation, rendering the dispute moot. Consequently, the Supreme Court held that the appeals and the writ petition were infructuous and disposed of them without further adjudication on the merits.

Issues considered

The validity of Kerala State notifications that grouped Hindu Nadars and Christian Nadars together for reservation under Article 16(4).
Whether the High Court's judgment directing separate treatment of the two Nadar groups remains enforceable.
Whether the Supreme Court can entertain objections to the Backward Classes Commission's report in the present appeals and writ petition.

Legislation cited

Constitution of Indias. Article 16(4)
Kerala Public Service Act, 1968s. Section 2(2)

Subjects

reservationOther Backward ClassesArticle 16(4)Nadar communityHindu NadarsChristian NadarsKeralaBackwards Classes Commissioninfructuouscivil appealwrit petition

Judgment

PRESIDENT, SUIC A
v.
. STATE OF KERALA AND ORS.

MARCH 28, 2006

[S.B. SINHA AND P.P. NAOLEKAR, JJ.] B
--
Constitution of India 1950-Article 16(4)-Reservation-Kerala State
and Subordinate Services Rules 1958-0ther Backward Classes-Hindu Nadars
and Christian Nadars-Earlier Notifications treating them as falling in separate c;
categories for the purpose of reservation-Later State Notifications treating
the Hindu Nadars and Christian Nadars as one group-High Court holding
the said notification illegal-State already implementing the said judgment
thereby treating Nadars of both the religions dif.ferentlrEven parties agreeing
to being treated as belonging to different classes-Backward classes
Commission also recommending to treat them as separate class-Hence, held, D
challenge to the judgment of High Court has became infructuous.

Practice and Procedure-Appeals and writ petitions against the High
Court judgment and State notifications for treating Hindu Nadars and
Christian Nadars as distinct or one group for the purpose of reservation--
Parties raising objections to the report of the backward Classes Commission- E
Held, objections cannot be permitted to be raised as otherwise it would be
entering upon disputes not strictly forming part of the subject matter of
present petition.

In these appeals and writ petition, the Court was required to F
determine whether the notifications issued by the State of Kera la treating
the Hindu Nadars and the Christian Nadars as one group, were valid in
law. The High Court held the said notifications to be illegal having regard
to the history of the said communities as also the legislations and the
Government orders operating in the field.
G
Disposing of the matters, the Court

HELD: The State of Kerala has already implemented the High Court
judgment meaning thereby that the Nada rs of both the religions have been
directed to be treated differently. The Kerala Public Service Commission has
477 H
478 SUPREME COURT REPORTS [2006] 3 S.C.R.

A also implemented the interim orders of this Court to treat them differently.
Even the State Commission for Backward Classes also accepted that Hindu
Nadars and Christian Nadars ought to be treated as different classes. In this
view of the matter there does not exist any dispute amongst the parties and
the appeals and the writ petition have become infructuous.
[486-H; 487-A, C, DJ
B
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3361/2002.
-
From the Judgment dated 28.8.2000 of the High Court of Kerala at
Ernakulam in O.P. No. 787011988 (Y).

C With Civil Appeal No. 336212002 and Writ Petition (C) No. 32212001.

T.L.V. Iyer, K.K. Yt!nugopal, Ms. Lily Isabel Thomas, K.R. Sasiprabhu,
M.K. Sreegesh, Krishnan Venugopal, Sajan Prasad, S. Udaya K. Sagar, Ms.
Bina Madhavan, Sa_iian, Rahul Pratap (Mis. Lawyer's Knit Co.,) P. Venugopal,
D Mis K.J. John and Co., E.M.S. Anam, Vipin Nair P.B. Suresh, (MIS. Temple
Law Firm) C.K. Sasi, P.V. Dinesh, Romy Chacko and A.K. Jha for the
appearing parties.

The Judgment of the Court was delivered by

S.B. SINHA, J. Identical questions of fact and law being involved in
E these appeals and the writ petition, they were taken up for hearing together
and are being disposed of by this common judgment. Hindu Nadars,
represented by the Hindu Nadar Corporation, a society registered under the
Societies Registration Act, 1860, are admittedly educationally and socially
backward. The question as regards the extent of reservation between Hindu
p Nadars and those who were converted into Christianity (Christian Nadars-
SIUC Nadars) had been the subject matter of dispute for a long time. They
have all along been treated as belonging to separate and distinct class.
According to the Hindu Nadars they have all along been more socially and
educationally backward than the SIUC Nadars. Both the said categories of
Nadars, however, admittedly come within the purview of Other Backward
G Classes. 40% reservation was allowed to the Other Backward Classes by a
Notification dated 17.12.1958, by the State of Kerala, the division whereof is
as under:

14 to Ezhavas & Thiyyas

H 10 to Muslims
PRESIDENT, SUIC v. STATE OF KERALA [S.B. SINHA, J.] 479
5 to Latin Catholics, SJUC & Anglo Indians A
I to Backward Christians (Other Christians)

10 to Other Backward Classes ("remaining OBCs") put together.

Hindu Nadars fell in the category of Other Backward Classes and thus B
they were entitled to reservation from amongst the 10 seats reserved for the
remaining "Other Backward Classes" whereas the Christian Nadars fell in the

-
category of Southern India Undivided Church ('SJUC'). In the said notification,
backward communities in the State of Keraia were shown as under:

I. Agasa c
2. Ambalakaran

3. Anglo Indian

D
15. Ezhava

16. Eshavath

.............
E
22. Hindu Nadar

49. Other Christians-Pulayas, Parayas, and other SC or BC members
converted to Christianity.

F

59. SIUC

(Emphasis supplied)

However, in the year 1963, 5% reservation which was earlier prescribed G
for the Latin Catholics SIUC and Anglo-Indians taken together was broken

-- up into: (i) 4% of Latin Catholics, (ii) 1% for SIUC and Anglo Indians
together, whereas Hindu Nadars continued to be a part of the remaining
Other Backward Classes ('OBC') group. Pursuant to or in furtherance of a
Government order issued on 13th December, 1978, an amendment was made H
480 SUPREME COURT REPORTS [2006[ 3 S.C.R.

A in the Kerala State & Subordinate Services Rules, 1958, stating:
·'Government, however, consider that some changes to the existing
percentage of resavations are necessary in the light of the data
collected by them subsequent to the receipt of the Nettur Commission's
Report, and are pelased to issue the following orders:
B
Latin Catholics and Anglo Indians will form one group and will have --
c
a reservation of 4 per cent. Government consider that the Nadar
Community (both Nadars presently included in SIUC and Hindu
Nadars) deserve to be treated separately in the matter of reservation
and hence they will be allowed a reservation of I per cent." .......
-
"(ii) For all direct recruitment other than to Class IV posts - The
percentage of reservation will be 14 per cent Ezhavas (existing), 12
percent to Muslims (an increase of 2 per cent is fully justified in view
of their inadequate representation), 4 per cent of Latin Catholics and
D Anglo Indians, I per cent of Nadars (Hindu Nadars and Nadars
presently included in SIUC), 1 per cent for Scheduled Caste converts
to Christianity (existing), 3 per cent to the group consisting of Asari,
Kammala Viswakarma, etc., listed in the Annexure to this G.O., I per
cent of Dheevara and 4 per cent for Other Backward Classes, Other
E than those specifically mentioned above."

Yet again on 6.9.1967, a revised list of OBC was published wherein
Hindu Nadars were placed at Serial No.23 and SIUC, including Christian
Nadars, were placed at Serial No.64.

By a Government order dated 13.12.1978, both the Nadar communities
F
were directed to form separate groups for the purpose of reservation and
were to be given I% reservation together for all posts in the following terms:

'' ..... Latin Catholics and Anglo Indians will from one group and will
have a reservation of 4 per cent. Government consider that the Nadar
G Community (both Nadars presently included in SIUC and Hindu
Nadars) deserve to be treated separately in the matter of reservation
and hence they will be allowed a reservation of I per cent. The 22
communities like Asari, Kammalas, Viswakarma, et., given in the
Annexure to this order will be grouped together and they will be
--
treated as one group, and given separate reservation. Their reservation
H
PRESIDENT, SUIC v. STA TE OF KERALA (S.B. SINHA. J.] 481

will be 2 per cent. The Dheevara Community will have a separate A
reservation of 2 per cent. All other backward classes as notified ......... .

For all direct recruitment other than to Class IV posts - The percentage
of reservation will be 14 per cent Ezhavas (existing), 12 per cent to
Muslims (an increase of 2 per cent is fully justified in view of their
inadequate representation), 4 per cent of Latin Catholics and Anglo B
Indians, I per cent of Nadars (Hindu Nadars and Nadars presently
included in SIUC), 1 per cent for Scheduled Caste converts to

- Christianity (existing), 3 per cent to the group consisting of Asari,
Kammala Viswakarma, etc., listed in the Annexure to this G.O., I per
cent of Dheevara and 4 per cent for Other Backward Classes, Other
than those specifically mentioned above."
C

Pursuant to or in furtherance of the said Government order, Kerala
State & Subordinate Services Rules were also amended in the year 1979, in
terms whereof Rule 2, 3 and I 7 stood amended and a Schedule was appended
to the Act, in the following terms : D
"2. Amendment of Schedule to Part I - In the Kerala State Subordinate
Services Rules, I 958, (hereinafter referred to as the said rules), on
Part I, in List lll of the Schedule, under the sub-heading "I.
Throughout the State"-
E

3. after the item '48, Muslim', the following item shall be inserted,
namely:-

"49. Nadars (Hindu Nadars and Nadars included in SJUC)"
F
(4) for item 64, the following item shall be substituted, namely:-

"64. SIUC. (excluding Nadars specified in item 49)"

3. Amendment of rule 17- In part II of the said rule 17, the following
rule shall be substituted, namely:-
G
"17(1) The grouping of Other Backward Classes for the above purpose
shall be as indicated below:-
I. Ezhavas, Thiyyas and Billavas
2. Muslims
H
482 SUPREME COURT REPORTS [2006] 3 S.C.R.

A 3. Latin Catholics and Anglo Indians
,,

Serial No.64 which earlier read as only SIUC thereby including Christian
Nadars as well, were amended to read as SIUC (excluding the Nadars specified
B in Item No.49).

Thus, by reason of the said notification the 'Nadars' irrespective of
their religion were given I% reservation under the Rules. By reason of a --
-
Notification dated 13.12. 1982, however, the rules were further amended
modifying the extent of reservation given to Nadars as a group from I% for
C all posts to 3% for posts included in the Kerala Last Grade Service and 2%
for other posts.

Aggrieved by and dissatisfied with the said notifications, the Hindu
Nadar Corporation filed a writ petition before the Kerala High Court. The
High Court by reason of the impugned judgment dated 28.08.2000, allowed
D the said writ petition stating:

"In view of the above mentioned facts and circumstances we find it
difficult to sustain Government order, Ext. R4(m) as well as Exts. P.2
and P.3 notifications, diluting the percentage of reservation for Hindu
Nadars. We make it clear that Hindu Nadars should continue to be
E treated as a separate class for the purpose of Article 16(4) of the
Constitution. So also, Nadars converted to SIUC should form another
category. Under such circumstances, Hindu Nadars would remain as
a separate class by themselves in item No.49 and Nadars converted
to SIUC would come within item No.64 of the Kerala State and
Subordinate Services Rules, 1958. We make it clear that the above
F
declaration would operate only prospectively. All appointments hitherto
made on the basis of impugned orders would not be disturbed.
However, for the purpose of future appointments, Hindu Nadars will
have to be treated as a separate class. It is so declared. Order, Ext.
R4(m), and Exts. P.2 and P.3 notifications to the extent indicated
G above would stand quashed. Original petition is allowed as above."

The President, SIUC as well as the State of Kerala, aggrieved by and
dissatisfied with the said judgment and order of the High Court, are before
us.
-
H Writ Petition (C) No.322 of 20011 has been filed by the President,
PRESIDENT, SUIC v. STATE OF KERALA [S.B. SINHA, J.] 483
SIUC praying inter alia for the following reliefs: A
"(i) To issue an appropriate writ or order u/ Art.32 of the Constitution
of India declaring that the reservation provided to the petitioner
community i.e. SIUC Nadars by Rule 17 r.w. Sec. I of Keala State and
Subordinate Rules, 1958, along with other clalsses mentioned in Rule
17(1) would govern the recruitment rules & conditions of Service in B
Public Service governed by Kerala Public Service Act, 1968.

(a) Notification S.R.O. No.497174 dt. 4.6.1974-Annex-P6

(b) Notification S.R.O. No.695/79 dt. 20.6.1979-Annex-PS

(c) Notification S.R.O. No.1533/82 dt. 13.12. l 982-Annex-P9 c
are in the absence of legislative approval referred to in Sec.2(2) of
Kerala Public Service Act, 1968, not competent to amend either Sch. I
or the provisions in the said Rules.

(ii) to quash the inclusion of Hindu Nadars who belonps to Kshatriya D
Caste from the list of Backward Classes in Sch. I of the KSSS Rules,
1958.

(iii) to pass such other or further orders as it deemed fit and proper."

The civil appeals and the writ petition came up for hearing before a E
Bench presided over by Y.K. Sabharwal, J (as the learned Chief Justice then
was) and this Court by an order dated 24.2.2005 directed:

"After hearing the learned counsel for the parties, it seems that there
has been some confusion in the proper understanding of the directions
issued by the High Court as to the category in which the two groups, F
aforesaid would fall. Tentatively, it is agreed subject to the learned
counsel taking specific instructions from their respective clients, that
the two groups shall remain as a separate class. The matter as to the
extent of reservation would be determined by the Kerala State
Commission for Backward Classes (for short, 'the Commission') under G
the provisions of the Kerala State Commission for Backward Classes
Act, 1993 and orders passed on receipt of the Report from the
Commission by the Sate Government. In the interregnum, the SIUC
Nadars, as before, would continue to have reservation of 1 per cent
with Anglo-Indians and Hindu Nadars would continue to be part of
residuary category, afore-noted, and would be part of Other Backward H
484 SUPREME COURT REPORTS [2006] 3 S.C.R.

A Classes entitled to ten per cent reservation along with other castes.
It is further agreed. tentatively, that if the parties finally agree on the
aforesaid issues, consequential directions may also be made protecting
the interest of those who may have been appointed after the
pronouncement of the impugned judgment and order but, may be, not
on the complete understanding of the directions given by the High
B Court. The question of the extent of reservation would be examined
by the Commission as also the question whether the Hindu Nadars
and SIUC Nadars deserve to be clubbed with any other class or not.
It is, however, agreed that the Hindu Nadars and SIUC Nadars would
remain as separate class and both these groups would not be clubbed
c together. This aspect would not be open to be examined by the
Commission."

It is not in dispute that in the meantime, Kerala Public Service
Commission had made recommendations on 12.4.2005. Aggrieved by and
dissatisfied with those recommendations, an interlocutory application was
D filed by the Hindu Nadar Corporation seeking stay thereof. The State of
Kerala also filed an application for extension of time granted by this Court
on 24.2.2005. On 2.5.2005, this Court directed:

"We have further heard the learned counsel for the parties and are of
the view that the Kerala State Commission for Backward Classes
E shall decide the issue between the parties expeditiously and, in any
case, not later than the end of July, 2005. We direct accordingly. All
the parties including the State Government, shall render full
cooperation to ensure that the matter is not further delayed.

In the meanwhile, the appointments made, if any, would be subject
F to the further orders that may .be passed by th is Court."

Indisputably pursuant to and in furtherance of the interim order of this
Court dated 24.2.2005, the Kerala Public Service Commission, not noticing
the relevant facts in that behalf, including the fact that tht: Government of
G Kera la had implemented the impugned judgment of the High Court, directed:
"ln the light of the orders of the Supreme Court following instructions
are issued for working out rotation.

( l lThe candidates belonging to Hindu Nadar community will be

H
included in OBC category and 1% more reservation will be given
to that category . -
PRESIDENT, SUIC v. STATE OF KERALA [S.B. SINHA, J.] 485

(2) Nadars converted to SIUC and Anglo Indian Community will A
be clubbed together with 1% reservation detaching Anglo Indian
from Latin Catholic Community.
The turn of reservation to both communities will be follows:
(a) For posts included in the LGS
B
(1) The turn 38 N will be allotted to SlUC/AI.

(2) The turn 60 N and 80 N will be allotted to OBC.

(b) For posts other than those included in LGS

I. The turn 38 N will be allotted to SIUC/Al. c
2. The turn 60 N will be allotted to OBC.

It has been ordered that this allocation is purely provisional, subject
to final orders of the Supreme Court.

The turn will be worked out as above, but the advice shall not be D
released in respect of AI, SIUC and Hindu Nadar. Such aovices will
be released only after the issuance of necessary Government order in
this regard. The procedure laid down will be subject to the final
orders of the Hon'ble Supreme Court. This decision of the Commission
shall take with effect from 06.04.2005. All Sections/Officers are E
directed to follow the aforesaid procedure. Doubtful cases will be
brought to the notice of the Commission."

The appellant SIUC, however, filed a writ petition before the Kerala
High Court for implementation of the said directions issued by the Kerala
Public Service Commission although it is now stated before us that the same F
was wholly unnecessary. In the said writ petition the Kerala High Court on
13.10.2005 passed an interim order to the following effect:

"Heard both sides.

Ext.P7 order was issued by the Public Service Commission taking G
note of Ext. P.6(a) order passed by the Hon 'ble Supreme Court on
24.2.2005. The grievance of the petitioners is that Ext.P.4, which
stands modified pursuant to the orders issued by the Hon'ble Supreme
Court in Ext.P.6(a) and the subsequent order passed by the Public
Service Commission, in accordance with the directions issued by the
Hon 'ble Supreme Court, is being enforced by the respondents. It is H
486 SUPREME COURT REPORTS [2006] 3 S.C.R.

A submitted that Ext.P. 7 shall remain in force unless and until otherwise
directed by the Apex Court in the Civil Appeals referred to in Ext.P.6(b ).
I find, prima facie. merit in the above submission. It is, therefore,
made clear that in the matter of advice of candidates from the ranked
lists, KPSC shall follow the orders passed in Ext.P7. To that extent,
Ext.P4 shall stand stayed."
B
Aggrieved by and dissatisfied therewith, one Akhiledia Nadar
Association filed special leave petition before this Court. which was numbered
as SLP(C) No .... CC 11611/2005, wherein the operation of the said order was
directed to be stayed. In the meantime, however, the writ petition filed before
C the Kerala High Court (being WP(C) No.28027/2005) was withdrawn by the
writ petitioner thereof on 10.3 .2006.

It is not in dispute that the Backward Classes Commission constituted
by the State of Kerala in the meantime have since made its recommendations.
In the said recommendations, indisputably it was opined that the Hindu Nadar
D Community and the Christian Nadar Community should be treated as separate
and distinct classes. We are not concerned herein Uwith any recommendation
which might have been made as regards the percentage of reservation for
Hindu Nadar Community and Christian Nadar Community separately.

It is stated at the Bar that objections to the said report have been tiled
E and a writ petition in this behalf is pending before the Kerala High Court. It
is furthermore not in dispute that the report of the Commission is pending
consideration before the Government of Kerala for a long time and no decision
thereon has been taken as yet.

We have noticed hereinbefore that by an order dated 24.2.2005, the
F Kerala State Commission for Backward Classes was to decide the issue
between the parties.

We have heard the learned counsel for the parties at some length.

In these appeals and the writ petition, we are required to determine the
G question as to whether inter a/ia the notifications issued by the State of
Kerala treating the Hindu Nadars and Christian Nadars as one group, were
valid in law. The High Court by reason of the impugned judgment held the
said notifications to be illegal having regard to the history of the said
communities as also the legislations and the Government orders operating in
H the· field. The State of Kerala has already implemented the said judgment,
PRESIDENT, SUIC v. STATE OF KERALA [S.B. SINHA, J.] 487
meaning thereby that the Nadars of both the religions have been directed to A
be treated differently. Before this Court, although tentatively, the parties have
also agreed that they may be treated as belonging to different classes, but
as the State has already implemented the judgment of the Kerala High Court,
it may be presumed by us that the State has no serious objection as regards
thereto. The other appellants as also the writ petitioner before us, represented B
by learned senior counsel Mr. K.K. Venugopal, accept the said position and
also unequivocally accept that Hindu Nadars and Christian Nadars be treated
as forming different classes. In this view of the matter, challenge to the
impugned judgment of the High Court has taken a back-seat.

It has also not been disputed, as is stated hereinbefore, that the Kerala C
Public Service Commission has also implemented the said interim orders
passed by this Court, subject to the final decision which may be taken in this
behalf. Such a final decision again indisputably is required to be taken by the
State on the recommendations made by the State Commission for Backward
Classes constituted by it. It will bear repetition to state that even the
Commission, in terms of its recommendations, now accepts that Hindu Nadars D
and Christian Nadars ought to be treated as different classes. In this view of
the matter, we are of the opinion that there does not exist any dispute amongst
the parties as regards the correctness or otherwise of the impugned judgment
of the Kerala High Court.

Subsequent events have taken place, namely, the Backward Classes E
Commission has made recommendations. Pursuant to this Court's order dated
2.05.2005, it has also gone into the issue as to whether the Nadars belonging
to the Hindu community and the Christian community should be treated
separately or as a group. ·

The State may or may not accept the recommendations of the
F
Commission. It may accept the same in its entirety or in part. It may also
accept the recommendations of the Commission with certain modification.
This Court at this juncture is not concerned therewith. Although permission
has been granted by this Court to the parties to raise objections to the said
report, we are of the opinion that having regard to the limited scope of the G
Civil Appeals and the Writ Petition, it would not be proper to widen their
scope. If any such objection to the said report is to be considered independently,
this Court would be entering upon disputes which strictly do not forrn part
of the subject matter of these appeals or the writ petition.

We are, therefore, of the opinion that these appeals and the writ petition H
488 SUPREME COURT REPORTS (2006] 3 S.C.R.

A have become infructuous. Keeping in view the fact that the writ petition filed
before the Kerala High Court has since been withdrawn, the interim order
passed by this Court on 2, 1,2006 (by a Bench of Arun Kumar and G.P. Mathur,
JJ) has lost its force.

The Public Service Commission, therefore, may now implement its
B order dated 12.04.2005 albeit provisionally till a decision is taken by the
State Government on the recommendations made by the Backward Class
Commission. Appointments made in respect of both "Hindu Nadars' and
'SIUC Nadars' pursuant to the order of the Public Service Commission dated
12.04.2005 may now be given effect to. It is, however, made clear that if any
C party is aggrieved by any action which the State may take pursuant to or in
furtherance of the report of the Backward Class Commission or otherwise, he
may seek his remedies before an appropriate forum.

As we have noticed hereinbefore that a writ petition in this behalf is
pending in the High Court, the parties therein also may agitate their grievance
D in the said pending writ petition also.

In the peculiar facts and circumstances of this case, however, we would
request the High Court to consider the desirability to dispose of the pending
writ petitions raising objections to the report of the Kerala Backward Class
Commission as expeditiously as possible and preferably within a period of
E three months from the date of communication of this order.

These appeals and the writ petition are disposed of with the
aforementioned directions.

In view of the directions made above, no orders need be passed on the
F applications for impleadment/ intervention.

KG. Civil Appeals and writ Petition disposed of.