The High Court of Karnataka stayed a government circular that reserved all the seats in the State-run residential schools only for students of the Scheduled Caste (SC), Scheduled Tribe (ST) and the backward classes (BCs).
Justice B.V. Nagarathna passed the interim order on petitions filed by Vishwanatha S. Mathad and four others, who are parents of minor children aspiring to be admitted to VI standard in these schools.
The petitioners questioned the legality of the April 24, 2017 circular issued by the State government stipulating the students to be admitted to Morarji Desai, Kittur Rani Chennamma, Atal Bihari Vajpayee and other such residential schools must belong to either SC, ST or BC, and no other student could be admitted there.
While 75% of the seats are reserved for SC students, 10% seats are reserved for STs, and 15% for BC students.
“This is prima facie in violation of Article 14 of the Constitution of India. There is also no reason as to why students belonging to aforesaid three categories should be segregated from those students who do not belong to such categories. Such a move is against integration of society,” the court observed, while stating that there can’t be discrimination between rural students as all residential schools are located in the rural areas.
The court also stayed the entrance exam scheduled for February 18 for selection of students for some residential schools, and directed the State authorities to consider the applications of students who do not belong to the above three categories.
