Bengaluru : The High Court on Thursday vacated the interim order given to Lingayat Panchamasali to maintain the status quo regarding 2C and 2D reservation, and the state government seems to have got a big relief from the order.
A PIL was filed by DG Raghavendra asking that 2A reservation should not be given to the Lingayat Panchamasali community and that the state government should not encourage the individual demands submitted by any sub-caste, community tribes seeking modification of reservation category. The Chief Justice of the High Court, which had heard the petition, granted an interim stay.
In this background, the further processes of the decision taken by the government to add category 2A or to create category 2C, 2D regarding the allocation of reservation had come to a temporary halt.
Now the interim order has been set aside after the Central Government Solicitor assured the High Court that there will be no change in 2A reservation. Thus, there is no obstacle to give 2C, 2D reservation to Panchmasali community.
During the hearing, counsel for the government, the state government will be conducted without causing any trouble to Category 2A. Therefore, he requested that the earlier order should be vacated to maintain the status quo in the case.
Also, the government lawyer said that a written statement will be submitted in this regard by the end of the day. Responding to this, the bench made it clear that all actions taken by the government in the case will be subject to the final decision of the court on this petition.
During the earlier hearing of the petition, the state government, which had objected to the petition requesting the community to provide reservation under the backward classes, asserted that it has the authority to revise the reservation list of backward classes every ten years.
Also, as per Section 9 of the Karnataka State Commission for Backward Classes Act-1995, if any community submits a petition for inclusion in the Backward Classes, the State Standing Commission for Backward Classes is allowed to review it. According to the rules, the commission has to conduct inquiry/survey/inquiry whether the requested communities are socially and educationally backward and recommend to the government about the classification of citizens as backward classes. Also, as per Section 11 of the Act, the State Government in consultation with the Commission may revise the list of Backward Classes every ten years. In this way, the request submitted by each community will be considered by the Sadashiva Commission. In the objection, the government has explained that this is also a continuous process.
The commission has also made several recommendations to the government from time to time and accordingly the government has classified and reclassified many backward classes. The social status of any backward class person is not the same. It is stated in the objection that a person belonging to the most backward category may be transferred to an advanced category in future.
The Lingayat Panchamasali community has sought reservation by adding it to the list of backward classes. The commission has reviewed the matter and submitted an interim report to the government. The government has already submitted it to the High Court in a sealed envelope.
The petitioner’s action in filing this petition is untimely. There is no public interest in the application. Therefore, the government has requested the court in its objection that the petition has no merit and deserves to be dismissed.