SAMASTHA NAIR SAMAJAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Instant public interest litigation is filed by an association called 'Samastha Nair Samajam (SNS)', for a writ of mandamus directing respondents, to earmark 10% quota for economically weaker section, as provided under Article 15(6) of the Constitution of India, for the students, who apply for Higher Secondary course, for the year 2020- 21. In support of the prayers sought for, petitioner has placed reliance on Article 15(6 ), introduced as per 103 rd amendment to the Constitution, which reads thus:

(2.) Petitioner has further contended that Exhibit-P2 prospectus has been issued without taking note of the Constitutional amendment and special provisions, in relation to other communities, as mentioned in ground (b).

(3.) Today, when the matter came up for admission, Mr. Antony Mukkath, learned Senior Government Pleader, submitted that Article 15(6 ), now introduced, is only an enabling provision and that Government of Kerala have not issued any notification providing 10% reservation for economically weaker section and, that too, in the matter of admission to Higher Secondary courses for the year 2020-21.