BINDU GANESH Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed challenging G.O.(NC) No. 77/98/SCSTDC dated 10-08-1998, whereby, the Government acted on the advice tendered to it by the Kerala State Commission for Backward Classes, hereinafter referred to as the 'Commission', on the question of inclusion of the 'Chakkala Nair' community in the State list for Other Backward Classes, for reservation purpose. The thrust of the contention advanced in these writ petitions, at the time of final hearing can be encapsulated as follows:

(2.) In support of the impugned decisions, the learned Special Government Pleader argued that on the basis of the materials on record, the impugned decisions cannot be found fault with and that a reading of the advice of the Commission would show that the report of KIRTADS as well as AICAS and the other different materials produced before the Commission were taken into consideration in making the advice.

(3.) Learned Standing Counsel for the Kerala Public Service Commission pointed out that no challenge having been specifically pleaded and urged regarding the findings in para 33 of the impugned advice that the representations of the employees belonging to the community in question would show that the rate of representation is indeed very high, the impugned decision cannot be found fault with because, adequacy of representation in different services is the criterion to make a reservation.