Caste cannot be classified into groups for reservation in education, jobs: Karnataka HC
Bengaluru (PTI): The Karnataka High Court has ruled that a single community cannot be placed under two different reservation categories for education and employment.
The ruling came in response to a petition filed by V Sumitra, a resident of Kollegal taluk in the erstwhile Mysuru district, who challenged the state's classification of the Balajiga/Banajiga community.
Justice Suraj Govindaraj, delivering the verdict recently, directed the Karnataka government to uniformly classify the Balajiga/Banajiga community under Group 'B', both for educational and employment purposes.
The court observed that the state's existing classification, which places the community under Group 'B' for education (under Article 15(4)) and Group 'D' for employment (under Article 16(4)), was discriminatory and unconstitutional.
Sumitra was appointed as a primary school teacher in 1993 under the OBC quota as she claimed her caste belonged to Group 'B'.
However, in 1996, she received a notice stating that her community was categorised under Group 'D' for employment, rendering her caste certificate invalid for job-related reservation.
Following several failed attempts at redressal through departmental appeals and the Karnataka Administrative Tribunal, Sumitra discovered a 1986 government notification showing this dual classification.
Arguing that the constitutional intent behind Articles 15(4) and 16(4) is consistent and aimed at ensuring social justice for the same disadvantaged groups, she challenged the state's classification, calling it contradictory.
Justice Govindaraj upheld her argument, stating, "The principle of equality before law under Article 14 encompasses equal treatment in the matter of reservations as well. The same community cannot be placed in different groups depending on the context — such a division is inherently discriminatory."
The court held that any such differential treatment violates constitutional protections and affirmative action must be uniform in its application.
"If a community is identified as backwards for education, it cannot be treated differently when it comes to employment," the judge observed.
Declaring the dual classification "void ab initio", the High Court quashed the orders that had rejected Sumitra's claim to Group 'B' reservation in employment.
It also directed the state to continue her employment as a primary school teacher, acknowledging her eligibility under the reservation group 'B'.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
