JAYSHUKHKUMAR GORSHANDAS KARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have challenged the Government Resolution dated 30th September, 1980 by which religious and linguistic minorities named therein have been extended certain benefits in the field of education. The benefits are exended to only some of the students whose family is within the income bracket of Rs. 4800/- per year. The benefits are in the nature of scholarship to the students belonging to specified minorities and those who have secured the specified minimum percentage of marks to pursue their studies in the higher classes. The petitioners have also prayed for a direction on the respondents to treat the list prepared by the Baxi Commission identifying the Socially and Educationally Backward Class persons as only illustrative and not exhaustive and to extend all benefits to the petitioners also.

(2.) When the petition was filed in the year 1981, the petitioner no.1 was studying in 10th class and the petitioner no.2 was in the 11th class. According to them, the income of their families did not exceed Rs.4800/- per annum and both the petitioners had secured more than 50% marks in the 9th and 10th standards. It is their case that Baxi Commission which was appointed for classifying socially and educationally backward class persons in the State of Gujarat, has recommended classification of 82 communities and recommended benefits to be given to them in social and educational fields. The benefits were to be extended only to such of the members of the enumerated classes whose income did not exceed Rs.4800/- and the persons like the petitioners who are within the same income bracket should also be given such benefits. It is further their case that the Government in their Social Welfare Department made a provision under Resolution dated 30th September, 1980 conferring certain benefits to the members of minority communities on the basis of religion and language. Accordingly, the religious minorities namely, Christians, Buddhists, Parsis, Muslims, Sikhs and the linguistic minorities speaking Urdu, Sindhi and Marathi were also made eligible for certain benefits such as exemption in the examination fees, award of scholarship etc. subject to the condition that the benefits would be given to such of them who were not covered under the list prepared by Baxi Commission and who did not have their family income in excess of Rs.4800/- per annum. It has been contended by the petitioners that the said Government Resolution dated 30th September, 1980 giving benefits to religious and linguistic minorities was in violation of Articles 14,15 and 46 of the Constitution of India.

(3.) It was contended by the learned counsel for the petitioners that by giving special treatment to the religious and linguistic minorities, the State Government had discriminated against the petitioners. It was contended that the impugned Resolution of the Government conferring benefits on a particular section of citizens only on the basis of religion and language was not saved by Article 15(4) of the Constitution because benefits were conferred on persons who may not be socially and educationally backward. It was argued that religion could not be made as the basis of classification and all religious minorities cannot be said to be socially and educationally backward. It was also contended that the impugned Resolution did not disclose whether the process of identification was undertaken by the State Government before giving benefits to religious minorities on the ground that they are socially and educationally backward. It was contended that if benefit was to be given only on the basis of poverty, then the petitioners were equally entitled to similar benefits and they could not be discriminated against on the ground that they did not belong to the religious or linguistic minorities.