BENGALURU: The Karnataka High Court issued notice to the State and Central governments on a petition questioning the amendment to Article 371(J), of the Constitution which provides reservation in promotion for people from the Hyderabad-Karnataka region with retrospective effect.
Justice R Devdas issued the notice after hearing the petition filed by C K Justus, an assistant engineer, which sought the striking down of the Karnataka Public Employment (Reservation in appointment for Hyderabad-Karnataka region) amendment order published in 2013 in relation to identification of posts by the Karnataka Power Corporation Limited.
Referring to KPCL, which plans to fill up promotional vacancies based on the reservation in question, the petitioner stated that Article 371(J) of the Constitution was inserted through the Constitution (98th amendment) Act, 2012.
On the strength of this amendment, the president of India entrusted certain responsibilities to the governor of Karnataka who has issued certain rules to provide for reservation in favour of people from Hyderabad-Karnataka region.
With respect to reservation provided under Art 371 J, the concept of backlog in promotional posts, consequential seniority and retrospective promotions are impermissible in law, the petitioner added.