The Kerala High Court on Friday quashed the order of the Kerala Government announcing scholarships to Muslim students and Latin Catholic/Converted Christians in the ratio 80:20. Justice Shaji P Chaly, speaking for the Bench of himself and Chief Justice Manikumar directed the State to provide merit-cum-means scholarships equally to members of notified minority communities.
In the judgement, the court said, "But here is a case where without taking into account the entitlement of the Christian Minority community within the State available from the population ratio, State is indulging in providing scholarship to the Muslim minority community at 80%, which according to us, is an unconstitutional act and unsupported by any law.
Mere executive orders issued by the State Government cannot overreach the provisions of the Minority Commissions Acts, 1992 and 2014, and the imperatives contained under the provisions of the Constitution of India discussed above.
"Therefore, deducing the facts, circumstances and the laws, we are of the considered opinion that the action of the State Government in sub-classifying the minorities by providing merit-cum-means scholarship at 80% to Muslim community and 20% to the Latin Catholic Christians and Converted Christians cannot be legally sustained", the court added.