Bill Has Not Assumed Character Of Law: Karnataka HC Dismisses Plea Challenging Draft Bill Providing Reservation To Kannadigas In Private Employment
Mustafa Plumber
6 Aug 2024 7:17 AM GMT
The Karnataka High Court on Tuesday dismissed a public interest litigation challenging the constitutional validity of the draft bill approved by the State cabinet for providing 50% reservation in management and 70% in non-management posts for Kannadigas in private industries and other organisations of the state.
A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the petition filed by Dr Amirthalakshmi R. The petition had prayed for withdrawal of the bill till the constitutional challenges had been resolved and for staying the implementation of the same.
The petitioner relied on the Punjab and Haryana High Court judgment in the case of IMT Industrial Association and another v. State of Haryana and connected cases wherein the court had declared that 75% domicile reservation for locals in Haryana in the private sector jobs having a monthly salary of less than Rs 30,000 was "unconstitutional."
However, in distinguishing from the aforesaid judgement, the court said “In that case the Legislative enactment was challenged before the Punjab and Haryana High Court. The present challenge is to a bill and it has not assumed the character of law. The Petition is thoroughly premature.”
It added “On the aforesaid ground without going into the merits of the petition and without expressing anything on the aspect of merits the petition is dismissed.”
The government advocate pointed out to fact that the petitioner was a Chartered Accountant, who is regional mentor of change with NITI Aayog and that on account of the impugned Bill, her chances of resuming employment would be hindered.
To this, the court said that there was a definite element of personal interest and imposed a cost of Rs 5,000 on the petitioner.
However, when the counsel for the petitioner submitted that she was a pregnant woman and no element of personal interest was made out in the petition, the court withdrew the imposition of cost.
On July 17, the government had temporarily put on hold the Karnataka State Employment Of Local Candidates in the Industries, Factories and Other Establishment Bill, 2024, after criticism against the bill from various quarters.
Chief Minister Siddarmaiah had clarified that the bill - which was earlier said to have been approved- was still in the preparation stage and would be finalised only after comprehensive discussions. The State Cabinet had earlier approved the bill.
Case Title: DR. AMIRTHALAKSHMI R AND State of Karnataka & Others
Case No: WP 19644/2024
Citation No: 2024 Live Law (Kar) 356
