Karnataka Cabinet to decide on moving Supreme Court against HC order quashing reservation hike

Bengaluru, Oct 13 (IANS) The Karnataka State Cabinet will decide on approaching the Supreme Court against the High Court order quashing the hike in reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs), Deputy Chief Minister G. Parameshwara said on Tuesday.

“As I said, the Cabinet will take a decision. Whether we should appeal or not must be decided within the constitutional framework. The Cabinet will make that decision,” he said addressing reporters in Bengaluru.

Reacting to the High Court order on the 56 per cent reservation, Parameshwara said the government would examine the legal options available and discuss the next course of action in the Cabinet.

He said the reservation ceiling had earlier been 50 per cent, but the previous government increased it to 56 per cent by raising the quota for SCs from 15 per cent to 17 per cent and for STs from three per cent to seven per cent.

An order was issued to this effect, and subsequent recruitment processes followed these provisions.

“Even after our government came to power, several recruitments and other processes followed these provisions. The government also supported the move and made representations seeking its implementation,” he said.

HM Parameshwara said the objective of increasing the reservation was to provide representation to the communities in proportion to their population, in line with the constitutional vision of social justice. However, the High Court had rejected the provision, and the government would have to decide on the steps to be taken next.

Emphasising the purpose of reservation, he said it was intended to ensure justice for communities that had been deprived of educational, social and employment opportunities for thousands of years.

“Why did Babasaheb Ambedkar propose reservation? Why was it incorporated into the Constitution rather than being left to executive orders? It was to ensure justice for people who had been deprived of opportunities for thousands of years,” he said.

He added that reservation was intended to help disadvantaged communities progress alongside other sections of society and said the constitutional principle of equality should be considered while deciding such matters.

Referring to Tamil Nadu, where 69 per cent reservation is in force under a constitutional amendment, Parameshwara said he felt that Karnataka’s increase of six percentage points could also have been considered as a special case, given the circumstances.

“When provisions have been made for that state under the constitutional framework, I personally feel that increasing reservation by just six percentage points in our state could also have been considered as a special case, based on the circumstances. That is my personal opinion, and I feel that the decision is not appropriate,” he said.

Responding to the BJP’s criticism of the government over the court order, the Deputy Chief Minister said the government had to respect judicial decisions and could not influence the judiciary. However, he pointed out that the government had the option of challenging the order through appropriate legal channels.

On the impact of the order on students and job aspirants, Parameshwara said the government would examine all the implications, including whether the order would apply retrospectively or prospectively.

“We need to determine whether the order will apply retrospectively or prospectively. All these aspects must be discussed,” he said.

Asked whether the court order would also affect internal reservation among SC communities, he said the existing allocation could be revised proportionately if required.

He said the 17 per cent reservation for SCs had been distributed among different categories, including allocations of six per cent, five per cent and two per cent. Any revision to these allocations could be made proportionately, he added.

However, he said the larger concern was that the court order could deprive several people of opportunities in education and employment.

On the implications for future recruitment, Parameshwara said the government would consult the Advocate General and the Law Department to determine the legally permissible options before taking a decision.

“We must determine what decisions can be taken within that framework. We have the Advocate General and the Law Department. We will consult them, examine what is legally tenable and then take a decision,” he said.

It can be noted that the Karnataka High Court on Monday quashed the enhanced reservation quotas for Scheduled Castes (SCs) and Scheduled Tribes (STs) in educational institutions and state government services, introduced by the then Basavaraj Bommai-led BJP government, taking the overall reservation in the state from 50 per cent to 56 per cent.

–IANS

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