The Kerela State government moved Apex Court against High Court order disallowing the validity of government scheme providing scholarship to minorities . High Court observed that further differential treatment to the minorities is not constitutional , since government was executing minority scholarship distribution to muslim and Christian in 80:20 ratio . Court had further directed that scholarship distribution should be in accordance with their population proportion as per latest census .
Calling the High Court decision highly ‘erroneous’ and based on wrong reasoning , state government submitted that this scheme has been framed on the basis of reports of Sachar Committee and Paloli Kutti Committee which were constituted to check the educational backwardness of muslims community .
On recommendations of these committee government issued order dated 16/08/2008 in which 5000 scholarships were given to the muslim girl students and amount of 10 crores were set apart for implementation . Relying on the report which said that muslim community is highly backward in respect to Christians and hindu . Even more backward than reserved hindu community , Therefore state designed the scheme which comes within the ambit of article 15(4) of constitution .
The High court committed grave error in deciding without considering the study of report , complying to this order will result in arbitrary action by state to which state mustn’t be compelled .
The SLP further said that Article 29 does not bar the state from providing higher percentage of scholarship to minority which is backward , classification has been made on backwardness and not on basis of religion .