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Janstan is a state in India. The State government, in pursuance of the report submitted by the State Commission appointed for the determination of the

Janstan is a state in India. The State government, in pursuance of the report submitted by the State Commission appointed for the determination of the backwardness of the community and their recommendation for the same on the basis of social backwardness granted the Backward Class status to the coastal fisherman community. There was widespread protest regarding this since the community was given the status as a whole.

While the protests were at its peak, The Friends of Equality (TFOE), a society that is leading the protests, raised concerns with the appointment of Mr. Karun Kumar, the brother-in-law of Minister of Social Welfare Mr. Tharun Kumar, as a Lecturer in the University of Janstan under the EWS category. TFOE revealed property details of the family of Mr. Karun Kumar's family and released the copy of the registered deed of a property amounting to over 2 crores that was purchased by his family. The opposition parties took up this opportunity and made the documents viral. However, the University claimed that he was appointed solely based on merit and had no reason to disbelieve the EWS Certificate.

A Public Interest Litigation was filed under Article 32 by TFOE against the State Government and the University, and challenged:

  1. the grant of OBC status to the community since they did not qualify as a socially and educationally backward class given, they are not considered under OBC category in the neighbouring states of Kaniv and Mayanstal where they are politically well organised.
  2. the EWS certificate issued to Karun Kumar and highlighted that the certificate was issued in violation of the EWS norms and claimed that there was lack of due diligence and inquiry that is required in the issuance of certificates.

The State Government of Janstan resisted all allegations by stating that it has put all the appointments on hold and the grant of Backward status was after due consideration of the state commission report and their recommendation. They have requested the Court not to pass any directions against the State due to the pandemic. The matter is listed before a two-judge bench.

The concerns before the court are:

  1. Whether the Public interest litigation is maintainable under Article 32?
  2. Whether classification of coastal fisherman community as backward classes is valid?
  3. Discuss the Constitutionality of EWS One Hundred and Third Amendment of the Constitution of India which introduced 10% reservation for Economically Weaker Sections (EWS) of the society.

Decide.

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