Karnataka High Court Permits Govt To Take A Decision On Panchamasali Lingayat Reservation

The Karnataka High Court on Thursday permitted the State government to decide on reservation for Panchamasali Lingayat sub-sect.

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi vacated the status quo order dated January 12, by which it had directed the state government to not act on the interim report of the Karnataka State Commission for Backward Classes (KSCBC) with regard to the demand for inclusion of Panchamasali Lingayat sub-sect in Category 2A. The court clarified that any decision taken would be subject to final order being passed by the court in the petition.

Solicitor General of India, Tushar Mehta appearing for the government made a statement before the court that Karnataka government will not do any act, whereby the reservation quota in Category 2A would be disturbed and at present there is no such intention of the State to disturb the requisite reservation quota available to category 2A.

He submitted that his statement may be recorded as an undertaking and during the day a brief written statement would be filed in the court of the undertaking and a copy of the same would be supplied to the petitioner.

“In our opinion the submissions made before this court are showing a fair approach of R1 to the matter. The statement made before this court would also not cause any prejudice to the petitioners,” Court said.

It driected, “The oral statement made before this court is accepted as an undertaking and the R1 is directed to file a brief written statement in the court during the day and copy 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.”

Senior Advocate Professor Ravivarma Kumar appearing for the petitioner Raghavendra D G had earlier contended that the Karnataka State Commission for Backward Classes in its Commission Advice No.71/2000 presented to the Government in the year 2000 had rejected the claims by certain sub-groups of Lingayaths.

It was submitted “Despite the above advise, 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. In light of the Commission Advise No.71/2000 and claim of the majority of the sub-sect of Veerashaiva/Lingayath sub-groups had been rejected, it would be impermissible on basis of an interim report to include sub-sect of Veerashaiva/Lingayath i.e., Panchamashali in the category of II-A.”

Moreover, it was argued “In terms of the Karnataka State Commission for Backward Classes Act, 1995 the concept of interim report does not find a mention in the statutory scheme. Accordingly, the adhoc 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