Karnataka High Court Allows Petitioner Opposing Lingayat Reservation To Access Backward Commission's Interim Report

In a plea opposing inclusion of Panchamasali Lingayat sub-sect in reservation quota available to Category 2A, the Karnataka High Court on Monday directed that the petitioner be provided State Backward Classes Commission's interim report on the subject.

A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal ordered its court officer to provide a copy of the interim report to petitioner Raghavendra DG and the Advocate General. It also permitted the petitioner to amend the petition with additional grounds and consequential prayers within 2 weeks, if desirous after perusing the report.

In January, the High Court had directed the State government to not act on the Commission's interim report. However, this status quo was vacated on March 23. Two days later, the Karnataka Government scrapped off nearly three-decade-old 4% OBC reservation provided to Muslims under Category 2B and distributed the same equally among the Veerashaiva-Lingayats and Vokkaligas at 2% each. A plea challenging the GO is pending before the Supreme Court.

Commission's interim report was submitted to the High Court in a sealed envelope on February 3. The High Court has directed the Advocate General to supply translation of the report from Kannada to English, within one week.

Senior Advocate Professor Ravivarma Kumar had earlier contended that the Karnataka State Commission for Backward Classes in its advice presented to the Government in the year 2000 had rejected the claims by certain sub-groups of Lingayaths. “Despite the above advice, steps are being taken on the basis of the interim report of the Commission to pass a Notification to include Panchamasali Lingayath as part of Category IIA...it would be impermissible on basis of an interim report to include sub-sect of Veerashaiva/Lingayath i.e., Panchamashali in the category of 2-A,” he argued.

Kumar has also contended that the concept of interim report does not find a mention in the statutory scheme under Karnataka State Commission for Backward Classes Act, 1995. Accordingly, the ad hoc procedure now sought to be followed to notify sub-sect of Veerashaiva/Lingayath community in Category-IIA is impermissible in law.

Case Title: Raghavendra D G And State of Karnataka

Case No: WP 26045/2022