The High Court of Karnataka on Friday directed the State government to file an affidavit on the facts about whether Karnataka State Commission for Backward Classes Commission (KSCBC) had submitted a report on caste-wise survey as a government advocate orally told the court that they are “not aware of submission of report.”
A Division Bench comprising Chief Justice N.V. Anjaria and Justice T.G. Shivashankare Gowda issued the direction while hearing a PIL petition, filed in 2015, questioning the direction issued in 2014 by the State government to the commission to conduct a caste-wise social survey.
It was contended in the petition, filed by Shivraj Kanshetty, that the validity of the amendment made to the KSCBC Act, authorising the commission to make a caste-based survey of the social and educational conditions of people of the State was unconstitutional as power to conduct any caste-based survey/census is vested with the Central government and not with the State government.
The petitioner’s advocate had moved the petition for hearing while pointing out that the commission chairman had submitted a report to Chief Minister on Thursday and pointed out to the Bench that news articles about submission of the commission’s report has been published in all the newspapers and telecast on television channels.
‘Not aware’
“...we are not aware that it [report] was submitted to the government. I do not know from where he [petitioner’s advocate] got the information...,” the government advocate orally told the Bench while replying to Bench’s specific query about whether the commission had submitted the report to the government or not.
As the government advocate sought time to seek instruction on submission of the report, the Bench directed for filling the affidavit in this regard while adjourning further hearing till March 5.
