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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Karnataka government begins enumeration of Scheduled Castes to collect empirical data
Bengaluru (PTI): Karnataka Chief Minister Siddaramaiah said the enumeration of Scheduled Castes started on Monday, which will go on till May 17.
The second phase of the exercise will be held between May 19 and 21 and designated camps will be organised as part of this phase for the benefit of those who were left out in the first phase.
The third phase, meant for online registration, will also begin on May 19, and it will go on till May 23. Those who are residing outside their towns can make use of this, Siddaramaiah explained.
Addressing a press conference here, the CM said, "The enumeration of scheduled castes is going on in the state. A one-man commission led by the retired High Court Judge, Justice H N Nagamohan Das, has been constituted. He has been mandated to give a clear report on the sub quota for castes in the SC list".
According to him, the Commission has to submit its report in 60 days. Rs 100 crore will be spent on the exercise and 65,000 teachers will be roped in as enumerators.
Siddaramaiah said the purpose of this exercise is to prepare empirical data on 101 castes in the Scheduled Caste list.
He added that the Supreme Court verdict dated August 1, 2024, in the case of the state of Punjab and others versus Devender Singh and others, upheld the constitutionality of sub-classification within SCs.
"Based on the apex court order, we have formed the Justice Nagamohan Das commission," the Chief Minister said.
Siddaramaiah said there are discrepancies in the status of some scheduled castes. While castes such as Adi Dravida, Adi Karnataka and Adi Andhra are in the 'Left' category in some places, they are in the 'Right' category in other places.
The commission will give clear recommendations and prepare empirical data, he explained.
A mobile application has also been developed and a helpline number (94813 59000) has been allotted for this purpose, Siddaramaiah said. He appealed to the people of SC communities in the state to come forward and make this exercise a success.
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