Model Code of Conduct Need Not Restrain Government From Publishing Community List for EWS Reservation: Kerala High Court

The Kerala High Court in case of Nair Service society vs State of Kerala & Ors, directed the State Government to notify the list of non-reserved communities who are eligible for reservation in the category of Economically Weaker Section. 

“What is to be published is a list of communities eligible for the benefit under the reservation of EWS. The Commission concerned, has in discharge of its statutory obligation, submitted a report along with a list of eligible communities. That was accepted by the Government of Kerala, before the commencement of the period of the Model Code of Conduct. In the circumstances, this Court is of the considered opinion that non publication of the list is likely to affect the persons who will be eligible under reservations for EWS.”, Single Bench of Justice N Nagaresh noted. 

It was urged in the pleadings that the Government of Kerala constituted Kerala State Commission for Forward Communities as per notification dated Jan 21, 2016 for making recommendations after conducting study on non-reserved communities.

However, after even obtaining the report, the Government has not yet notified the list of forward communities. This delay in publication of the list would naturally cause prejudice to the communities which are included in the list, it was pleaded. 

The Court therefore opined that that non publication of the list is likely to affect the persons who will be eligible under reservations for EWS. This process being in discharge of statutory obligations, the Model Code of Conduct need not restrain the Government from publishing the same. 

Case Title: Nair Service Society v. State of Kerala|I.A.No.1/2021 in W.P.(C)/26345/2020 (P)