A Public Interest Litigation was filled in the Kerala High Court by a charitable trust named ‘ Minority Indians Planning and Vigilance Commission Trust’ also known as ‘ Sachar Commiittee report’. The PIL was filled because according to the report the representation of Muslim in public employment was abnormally low and thus the present petition was filled praying the revision of the backward community list in Kerala intending to increase the percentage of reservations for Muslim community. A study conducted by Kerala Sasthra Sathithya Parishath showed that the Muslim community was 26.9% of the total population of the state yet it accounted for only 11.4% in government services.
The petition showed that the Muslim community is the largest backward community in the state and is facing social, economical, physical backwardness which brings the community at par with that of Scheduled Castes and Scheduled Tribes, hence the community is also entitled to all the benefits received by other backward communities . It was also shown that Section 11 of the Kerala State Commission for the Backward Classes Act 1993 provides for the revision of the backward communities list periodically , however the same is not complied to. This has been proved by a Right To Information application filled by the same trust.
The petitioner first moved to the Supreme court thereafter after a directive was issued by the Hon’ble Supreme Court the petitioners moved the High Court. The petitioners submit that if the minority community is not provided with such entitlements then it will be gross violation of the fundamental rights of the community members. Thus the bench comprising of Chief Justice Hrishikesh Roy and Justice A.K. Jayansankaran issued directions to the Kerala government and KSBCC to respond within four weeks.