Supreme Court agrees to hear petition on scholarship scheme for Muslims and Christian
Supreme Court agrees to hear petition on scholarship scheme for Muslims and Christians in Kerala
M.U.H
04/01/202538
New Delhi: The Supreme Court today allowed to expedite the hearing of Special Leave Petitions (SLPs) challenging the Kerala High Court's verdict that struck down the state government's 80:20 allocation of scholarships for Muslim and Christian minorities.
A Bench comprising Justice Hrishikesh Roy and Justice SVN Bhatti noted that related petitions filed by private entities against the High Court's judgment were also on the docket.
The Court directed, “Leave granted. Hearing be expedited."
Senior Advocates V. Chitambaresh and Salman Khurshid represented the parties in the matter.
The controversy arose after the Kerala High Court, on May 28, 2021, annulled state government orders sub-classifying minority communities for merit-cum-means scholarships. These orders had allocated 80% of the scholarships to Muslims and 20% to Latin Catholic Christians and converted Christians.
The High Court, in its ruling, deemed the scheme legally unsustainable and ordered the equal distribution of scholarships among all notified minority communities based on the latest population census.
The High Court’s Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly delivered the verdict while hearing a Public Interest Litigation (PIL) filed by Justine Pallivathukkal.
The petitioner had argued that the 80:20 ratio, implemented through a 2015 government order, was arbitrary, discriminatory, and violative of Articles 14 and 15 of the Constitution.
The High Court noted repeated complaints from the Christian community about alleged bias against Latin Catholic Christians and converted Christians in scholarship allocation. Despite these concerns being raised with the state government and the minority commission, no corrective action was taken.
In its judgment, the High Court emphasized the importance of equitable distribution of scholarships among all minority groups, in adherence to constitutional principles:
"The action of the State Government in sub-classifying the minorities by providing merit-cum-means scholarships at 80% to the Muslim community and 20% to Latin Catholic Christians and Converted Christians cannot be legally sustained. We quash the relevant government orders and direct the Kerala State Government to issue appropriate orders ensuring equal distribution of scholarships among all notified minority communities, based on the latest population census," the Bench stated.
The Supreme Court will now hear the case alongside related petitions to decide the legality of Kerala’s sub-classification of minority communities for scholarships.
