The Karnataka government has decided to move the Supreme Court against the recent High Court order striking down the enhanced reservation quotas for Scheduled Castes (SCs) and Scheduled Tribes, state Home Minister Priyank Kharge said.
This comes days after the Karnataka High Court set aside provisions of a 2022 state law that increased reservation for Scheduled Castes (SCs) from 15 to 17 per cent and for Scheduled Tribes (STs) from 3 to 7 per cent, ruling that the enhanced quota breached the 50 per cent ceiling laid down by the Supreme Court.
Following the October 12 verdict, Karnataka Deputy Chief Minister G Parameshwara had said the state Cabinet would discuss the next course of action in the matter, including whether to approach the Supreme Court.
He had said the government would examine all legally permissible options in consultation with the Advocate General and the Law Department before taking a decision.
In its verdict, a bench comprising Chief Justice Vibhu Bakhru and Justice KS Hemalekha found that Section 3 of the Karnataka Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 2022, was in violation of Articles 14 and 15 of the Constitution as it took quota above 50 per cent.
"Section 3 of the Act, insofar as it takes the aggregate reservation beyond the ceiling of 50 percent, is struck down as it violates Articles 14 and 15 of the Constitution," the court held.
The 50 per cent ceiling on reservation was established by the Supreme Court in its 1992 ruling in Indra Sawhney vs Union of India and subsequently reaffirmed in several judgments.
"The previous BJP government headed by Basavaraj Bommai had increased reservation for SCs from 15 per cent to 17 per cent and for STs from 3 per cent to 7 per cent, taking the overall quota to 56 per cent, beyond the 50 per cent ceiling," Parameshwara pointed out while speaking to reporters.
The Congress government also followed the revised reservation structure in several recruitment processes after coming to power, he said, adding that the state defended the enhanced quota when it was challenged in court.
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(With inputs from PTI)