BENGALURU: Deputy Chief Minister Dr G Parameshwara said the Karnataka Cabinet would comprehensively discuss the High Court of Karnataka verdict on reservation for Scheduled Castes and Scheduled Tribes before deciding the next course of legal action, including the possibility of challenging the verdict in the Supreme Court. The HC on Monday struck down the State Government decision increasing reservation for SCs from 15% to 17% and for STs from 3% to 7%.
Dr Parameshwara said the previous government headed by Basavaraj Bommai had decided to raise the overall reservation beyond the 50% ceiling to 56%, increasing reservation for SCs from 15% to 17% and for STs from 3% to 7%.
“After we came to power, the revised reservation structure was also followed in several recruitment processes. When various individuals approached the courts challenging the enhancement, the State Government placed its position before the court and sought protection of the increased reservation,” the DCM said.
Elaborating, he said reservation is intended to provide justice to communities that were denied opportunities in social, educational and employment spheres for thousands of years. Objective is to ensure equal opportunities for all sections of society and enable backward and deprived communities to enter the mainstream and progress, he said.
Expressing his personal view on the HC verdict, Dr Parameshwara said Karnataka’s circumstances could have been examined as an exceptional case. “Tamil Nadu has been provided 69% reservation through a constitutional amendment. When such an arrangement has been made there, the additional 6% reservation beyond the 50% ceiling in Karnataka could also have been examined as a special case in the light of its social circumstances,” he said.
He said the social objective behind the enhanced reservation and the interests of deprived communities could have been considered while deciding the matter on the basis of exceptional circumstances.
On whether the State Government would challenge the HC verdict before the Supreme Court, the DCM said the matter would first be discussed in the Cabinet. “Whether an appeal should be filed before the Supreme Court or whether any other legal option is available within the constitutional framework will be examined. The CM and Cabinet will consider all aspects before deciding the next course of action,” he added
On allegations by BJP leaders that the State Government had been negligent on the reservation issue, Dr Parameshwara said the government cannot influence a court judgment. When media questioned as what happens to appointments already made, he said the broader legal consequences will require detailed consideration.
“The government will discuss the matter with the Advocate General and officials of the Law Department before deciding what legally permissible steps can be taken’’ he said. The DCM also added that if a situation arises in which the overall reservation percentage has to be reduced, the percentages under internal reservation may also have to be revised proportionately.