Article 15(6) is Only an Enabling Provision: Kerala High Court

A Kerala High Court bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed a PIL seeking direction to earmark 10% quota for economically weaker section students, who apply for Higher Secondary course, for the year 2020- 21.

The Court, while referring to Ajit Singh and others v. State of Punjab and others, observed that “Article 15(6) is only an enabling provision and vests discretionary powers in the State to consider providing reservation if the circumstances mentioned in those articles so warranted”.

The PIL was filed by an association known as “Samastha Nair Samajam”. The Court dismissed the PIL holding that the petitioner association has not made out any prima facie case for ordering notice to the state.

The Supreme Court, earlier this month, referred a batch of writ petitions, challenging the 10% quota for Economically Weaker Sections (EWS), to a five-Judge bench. The Kerala Government, last week, had reportedly issued orders reserving 10% of the total seats in various for students from the EWS in the unreserved category in government institutions.

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