Karnataka HC Allows State Govt to Make Decision on Panchamasali Lingayat Reservation

The Karnataka High Court on Thursday permitted the State government to decide on reservation for Panchamasali Lingayat.

A division bench comprising of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi overturned the January 12 status quo order, which had directed the state government not to act on the interim report of the Karnataka State Commission for Backward Classes (KSCBC) on the demand for inclusion of the Panchamasali Lingayat sub-sect in Category 2A.

The bench underlined that any judgment would be subject to the court issuing a final order on the case.

Appearing for the State, Solicitor General of India, Tushar Mehta stated before the bench that the Karnataka government would not do anything that would disrupt the reservation quota in Category 2A, and that the State has no intention of disrupting the required reserve quota available to Category 2A at this time.

He proposed that his statement be recorded as an undertaking, and that throughout the day, a concise written description of the undertaking would be filed in court, with a copy sent to the petitioner.

“In our opinion the submissions made before this court are showing a fair approach of R1 to the matter. The statement made before this court would also not cause any prejudice to the petitioners,” the bench said.

The bench further directed, “The oral statement made before this court is accepted as an undertaking and the R1 is directed to file a brief written statement in the court during the day and copy be supplied to the petitioner. The apprehensions expressed in para 2 to which a reference was made before this court is also taken care of by the statement made before this court. Accordingly, the interim order is modified to that effect.”

Appearing for the petitioner (Raghavendra D G), Senior Advocate Professor Ravivarma Kumar contended that the Karnataka State Commission for Backward Classes, in its Commission Advice No.71/2000 presented to the Government in the year 2000, had rejected the claims of certain sub-groups of Lingayaths.

Furthermore, it was contended that “the idea of interim report does not find reference in the legislative plan of the Karnataka State Commission for Backward Classes Act, 1995.” As a result, the ad hoc procedure being requested to be followed to notify a sub-sect of the Veerashaiva/Lingayath community under Category-IIA is illegal.”