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Kerala
By Our Staff Reporter
In a counter-affidavit filed in response to a writ petition seeking to scrap the reservation system for backward classes like Muslims and Ezhavas filed before the High Court, the State Government said that it had taken a policy decision to continue reservation for backward class communities after careful consideration of their present condition. In fact, the Government had concurred with the views of the Justice Narendran Commission that the backward class communities could not have adequate representation in the State public sector undertakings, autonomous bodies and institutions without the provision for reservation. The affidavit said that the increasing presence of some of these community members in the political power could not be a basis for denying them adequate presentation in the Government service. Besides, the backward class communities were not in a position to advance socially and educationally without the reservation. Besides, it was ensured that the reservation did not exceed 50 per cent. The main contention of the petitioner that the backward class in the State had overcome their backwardness in social and educational field was not true. The affidavit said that the Assembly Committee on the Welfare of Backward Classes and the Justice K.J. Joseph Commission appointed on a direction of the Supreme Court to identify the creamy layer had not taken a view that the existing system of reservation for the backward classes communities should be scrapped. In fact, the Committee had concluded that the backward classes had not been given adequate representation in the State service in proportion to their population. The Joseph Commission had only recommended taking away the creamy layer from the reservation benefits. Even the Supreme Court had upheld the continuation of reservation for backward class communities and the courts' direction was only to fix the criteria for elimination of creamy layer.
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