The High Court of Karnataka directed the State government to maintain status quo, as of Thursday, on the interim report of the Karnataka State Commission for Backward Classes (KSCBC) with regard to the demand for inclusion of Panchamasali Lingayat sub-sect in Category 2A of the caste-based reservation list.
A Division Bench, comprising Chief Justice Prasanna B. Varale and Justice Ashok S. Kinagi, passed the interim order while hearing a PIL petition filed by Raghavendra D.G. of Bengaluru.
Ad hoc procedure
It was contended in the petition that in terms of the Karnataka State Commission for Backward Classes Act, 1995, the concept of “interim report” did not find mention in the statutory scheme, and hence, the ad hoc procedure now sought to be followed to notify sub-sect of Veerashaiva-Lingayat community in Category 2A was impermissible in law.
The petitioner also pointed out that in the year 2000, KSCBC had rejected the claims by certain sub-groups of Lingayats for their inclusion in Category 2A.
Rejected in 2000
The commission in 2000 had told the government that “all sub-groups of Veerashaiva enumerated under Sl. No.1 (b) Category 3B as well as other sub-groups of Lingayats are entitled to the benefit of reservation under Articles 15 (4) and 16 (4) of the Constitution under the list of backward classes published in the Government Order dated April, 17, 1994, only under Category 3B and under no other category. Therefore, the complaints made to the contrary and against non-issue of caste certificates of Lingayat Veerashaiva sub-groups under categories 1, 2A and 3A have no merit and they are hereby rejected,” the petitioner stated.
During the earlier hearing on the petition, the court had made it clear that in the process of taking any decision, there must be strict compliance of the scheme envisaged under the KSCBC Act, 1995.
Next hearing
As the Advocate-General on Thursday told the court that the government would place the interim report of the commission before the court during next date of hearing, the Bench passed the interim order of status quo while adjourning further hearing till January 30.
