The High Court of Karnataka has upheld the power of the Governor to provide for reservation in employment and promotion in State government services in favour of persons belonging to the Hyderabad Karnataka region, beyond the geographical limits of the region under Article 371(J) of the Constitution.
“If reservation is not provided in the State capital where there is concentration of all powers, be it political, economic or executive, then the very purpose and intent of the legislature will be defeated. The whole idea is to allow the ‘people of the most backward region’ to participate at the State level in all spheres. That is the real meaning of inclusive growth. Therefore, a narrow interpretation in this regard is not called for,” the court observed.
Justice R. Devdas delivered the verdict while dismissing a petition filed by A.S. Vimalakshi and another person, both of whom work as senior assistants in the Legislative Assembly Secretariat. Contending that Article 371(J) provides for reservation in posts or class of posts only within the H-K region, the petitioners questioned the reservation of 8% of posts at State-level offices or institutions and apex institutions for people hailing from the region.
Reservation in employment and promotion is to fulfil the avowed objective of the legislature to promote inclusive growth and reduce inter-district and inter-regional disparities by providing for equitable opportunities and facilities “for the people of the most backward region”, as intended in Article 371(J), the court said.
Reflecting the ratio
The court noted that the reservation order provides for reservation of 75% of the Group A and B posts in H-K region, 80% of Group C posts, and 85% in Group D posts. On the other hand, the reservation is restricted to just 8% at State-level offices/institutions and apex institutions, thus taking sufficient care to reflect the population of H-K region in comparison to the whole State.
“The Article 371(J) is workable even if reservation is restricted to H-K region, insofar as the taluk-level and district-level cadres are concerned. When it comes to State-level cadre, the provision will not remain workable if the reservation is restricted to a region...,” Justice Devdas observed.
