BENGALURU: Observing that reservation in recruitment and promotion for the local cadre cannot be restricted to Hyderabad Karnataka Region under Article 371J, the Karnataka High Court upheld the 8 per cent reservation provided to most backward people of Hyderabad Karnataka region in state level apex bodies – Secretariat, Legislative Assembly, Council and others – in State Capital, Bengaluru.
"The reservation order provides for reservation of 75 percent of the posts in the region in Group-A and B posts, in each department of the State Civil Service or in local authority or body or organisation, while 80 percent of the posts in the region belonging to the category of Group-C and 85 percent Group-D are reserved.
On the other hand, in paragraph 13 of the order, where reservation in State level offices or institutions or Apex Institutions is to be provided, reservation is restricted to 8 percent only", Justice R Devdas said while dismissing the petitions filed by A S Vimalakshi and R Shivakumar, staff of Secretariat in Bengaluru, challenging 8 percent reservation.
".... If the Reservation Order seeks to provide reservation in the Secretaries of the State Government, Legislative Assembly and Legislative Council, in the High Court of the state and all the State level institution serving the capital of the State-Bengaluru, then, it is to fulfil and realize the avowed objective and intendment of the Legislature -- promote inclusive growth, reduce inter-district and inter-regional disparities, by providing for equitable opportunities and facilities 'for the people of the most backward region", the High Court said.
The court further said that if the 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 intendment 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, it said.