Kochi: The Kerala High Court on Friday quashed an order announcing scholarships in the ratio of 80:20 to Muslim and Latin Catholic/converted Christians in the state. A bench of Justices Shaji P Chali and Manikumar said the order is not legally sustainable. Therefore, merit-cum-means (Merit-cum-Means) scholarships should be given to members of all minority communities notified in the State.
"We direct the state government to pass necessary and appropriate government orders to provide merit-cum-means scholarships equally to members of minority communities notified within the state as per the latest population census available with the State Minorities Commission," the court said in its judgement. The petition was filed by advocate Justin Pallivathukal in this regard. The petition had alleged that the state government was giving undue preference to the Muslim community over members of other minority communities in the state.
During the hearing in the case, the court said that there is nothing unfair in providing facilities to the weaker sections of the community by the State Government, but when it comes to treating notified minorities, they have to treat them equally. The verdict said the government had no right to be biased against minorities. But this is a case where, irrespective of the right available to the population ratio of the Christian minority community within the State, the State is giving 80 per cent scholarship to the Muslim minority community. According to the court, it is unconstitutional and not supported by any law.
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