Karnataka HC vacates stay on Panchamasali quota, clears decks for state govt to take call

PTI, Mar 24, 2023, 12:56 PM IST

The Karnataka High Court on Thursday vacated a stay earlier granted on the Panchamasali caste reservation paving the way for the state government to take a decision on it.

Earlier on January 12, the High Court had granted a status quo order on taking action on the interim report filed by the Karnataka State Commission for Backward Classes.

The Panchamasali caste of the Lingayats have been demanding inclusion in the Category 2A of the reservation list in the state.

The petitioner, Raghavendra D G, had approached the High Court with a public interest litigation (PIL) against the government including the Panchamasalis in the 2A category based on the interim report of the commission.

On Friday, the division bench headed by Chief Justice Prasanna B Varale lifted the status quo order on the quota.

This has cleared the decks for the government to implement its decision announced in the Assembly session recently.

Solicitor General Tushar Mehta apprised the High Court that the government has no intention of disturbing the existing 2A category of reservation and therefore the status quo order be vacated.

He also promised to submit a written undertaking in this regard. Considering the submissions, the High Court vacated the stay but made it clear that any action would be subject to the final decision of the court in the petition.

“The oral statement made before this Court is accepted as an undertaking and R1 is directed to file a brief written statement in the Court during the day and copy to be supplied to the petitioner. The apprehensions expressed in para 2 to which a reference was made before this court is also taken care of by the statement made before this court. Accordingly, the interim order is modified to that effect,” the HC said in its order.

The state government had decided to create separate categories called 2C and 2D to include the Lingayat and Vokkaliga communities, respectively.

The PIL had alleged that the government is likely to include the Panchamasalis in the 2A Category of reservation based on the interim report of the Commission. Since such a request was rejected by the body in 2000 itself, the court was requested to prevent the government from making the inclusion now.