The High Court of Karnataka on Wednesday ordered issue of notice to the State government on a PIL petition seeking implementation of the 103rd amendment made to the Constitution of India, which provided reservation for economically weaker sections (EWS), other than SCs, STs and OBCs, in admission to courses in educational institutions and in appointment to government jobs.
A Division Bench comprising Chief Justice P.S. Dinesh Kumar and Justice T.G. Shivashankare Gowda passed the order on the petition filed by Girish Bharadwaj from Bengaluru.
The petitioner pointed out that the reservation for EWS came into effect in January 2019 and the apex court in November 2022 had upheld the constitutional validity of the 103rd Amendment.
It has been contended in the petition that delay of each day in implementation of the reservation for EWS would deprive the eligible students and the candidates from availing the benefits that have been guaranteed to them in the Constitution.
The amendments made to Article 15 and 16 gives reservation up to 10% of the total seats in each category in educational institutions, both private aided and unaided, except in minority educational institutions, and up to 10 of total posts in government in each category.
However, the State government, despite passage of five years since the reservation came into force has failed to take any effective steps to implement the reservation for EWS as per the 103rd amendment made to the Constitution, the petitioner stated while pointing out that he had given representation to the government in this regard.
