The High Court of Karnataka has restrained a High-Level Committee (HLC), headed by a retired judge of the court, from proceeding further at present on the issue of whether Panchamasali Lingayat sub-sect — which is presently in the Category 3B of the caste-based reservation list — can be included in Category 2A of the list.
A Division Bench comprising Justice B. Veerappa and Justice K.S. Hemalekha passed the interim order on a petition filed by the Karnataka State Backward Castes’ Federation, Bengaluru.
Question framed
The petition, filed in February this year, had initially come up for hearing before a Single Judge, who in March said that matter involved questions of public importance and required consideration by a Division Bench. The Single Judge had framed a question for consideration by the Division Bench.
The question is: “When the inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists is covered/occupied by the Karnataka State Commission for Backward Classes Act, 1995, whether the State in its executive power could constitute a committee to examine whether Panchamasali Lingayat sub-sect (which is presently in Category 3B) can be included in Category 2A, and if so, under what circumstances?”
When the petition came up for hearing on August 12, the Division Bench passed the interim order stating that “the HLC for examination of reservation is directed not to proceed further with regard to Panchamasali-Lingayat sub-sect till further orders.”
The State government on March 10, 2021, set up the three-member HLC, headed by Subhash B. Adi, a retired judge of the High Court, to examine the demands for reservations made by various communities in the State. Later, the government on July 1, 2021 issued the terms of reference to the committee. One of the terms of reference is, “Whether the Panchamasali-Lingayat sub-sect (which is presently in Category 3B) can be included in Category 2A and if so, under what circumstances?”
Petitioner’s claim
However, the petitioner-federation has contended that the government has no competency or jurisdiction to constitute the HCL under an Executive Order when the matter of inclusion of any class of citizens, over-inclusion or under-inclusion of any backward classes in such lists is occupied/covered by the Karnataka State Commission for Backward Classes Act, 1995.
Pointing out that no provision of law is quoted nor indicated in the Government Order of March 2021 on setting up the HLC, it was argued on behalf of the petitioner that inclusion or exclusion of any class in backward classes list is the exclusive jurisdiction of the body constituted under the 1995 Act and hence the HLC, as “extra-statutory committee” has no place or competency to undertake the exercise assigned to it.
Further hearing on the petition has been adjourned till August 24.
