HYDERABAD: A division bench of the Hyderabad High Court on Monday made it clear that it cannot direct the government to provide reservation to any community and that it is the job of the government to take such decisions while the courts will only examine the legality of such decisions.
The bench comprising Acting Chief Justice Dilip B Bhosale and Justice P Naveen Rao said this while dealing with a PIL case filed by Gareeb Guide, a voluntary organisation of the city represented by its president G Bhargavi, challenging the constitution of AP Kapu Welfare and Development Corporation Ltd with an aim of promoting the welfare and development of the Kapu, Balija, Telaga and Ontari communities living in poverty in the state of Andhra Pradesh.
Petitioner’s counsel DV Rao said that the decision of the state government in developing only a particular community from the poverty leaving the promotion and development of other communities like Brahmin, Kamma, Vysya, Kshatriya, Reddy and Velama who are living in poverty, is illegal.
The bench asked the advocate whether the petitioner is a registered organisation or not. When he replied in the positive, the bench asked what prejudice or loss occurs to the petitioner organisation if the government provides reservation to Kapu and other communities. The bench, however, suggested that the petitioner approach the government for the purpose. While refusing to stay the operation of the impugned GO issued on Sept 2 last year constituting the corporation, the bench disposed off the PIL case by granting liberty to the petitioner to make a representation to the state government for inclusion of communities (Brahmin, Kamma, Vysya, Kshatriya, Reddy and Velama) for reservation and other benefits provided to Kapu and other communities.