Karnataka Muslim Reservation | SC Adjourns Hearing to May 9, Records SG’s Assurance that Earlier Regime Would Continue Till Then

Earlier in April, a division bench of Justices KM Joseph and BV Nagarathna was informed by the solicitor-general that no appointment or admission was going to be made on the basis of the impugned government order till the next date of hearing. However, when the matter was taken up subsequently, at the behest of the solicitor-general, the hearing was adjourned again to Tuesday, April 25, subject to the law officer’s assurance that the same protection would be extended till the next date.

Today, another adjournment was sought by the State of Karnataka. The solicitor-general told the bench, “The affidavit is ready. However, today, I am before the constitution bench. Can this be taken up next week?” He added that his earlier assurance would continue.

“This is the fourth adjournment,” exclaimed senior advocate Dushyant Dave, appearing for the petitioners. Taking severe objection to the law officer’s request, he said, “This is a matter of great importance and concerns the rights of a socially and educationally backward community here.” When the solicitor-general suggested that the matter be listed on Tuesday, May 9, the senior counsel angrily remonstrated, “That is too late. One more adjournment and the summer vacation will start.”

Dave also pointed out that the solicitor-general’s assurance was of no help to them. He explained, “The quota has been scrapped altogether. It has been brought to zero. Mr Mehta’s statement only says that they would not make any new admissions or appointments on the basis of the recent government order. Only if they say that as per the 2002 notifications, the reservation will continue, we will not have a problem.”

“This is not the fourth adjournment, only the second,” said Solicitor-General Mehta. He also reiterated that the state’s reply was ready to be filed. “We will take the reply, but we don’t need their rejoinder,” Dave countered.

The top law officer emphatically reiterated that the government’s assurance would continue, while trying to convince the bench to adjourn the hearing. In response, Justice Nagarathna said, “Then, we should record the statement.”

“There is nothing under the sleeves in making the statement,” the solicitor-general insisted. He also explained that till the next date of hearing, the impugned government order under judicial scrutiny would not be implemented. He explained, “When I say the impugned order will not be implemented, it means that the old order will continue.”

Satisfied with this response, Justice Joseph proceeded to pronounce, “The solicitor-general has assured that the earlier submission will continue till the next date of hearing.” Before directing the matter to be listed on Tuesday, May 9, the bench recorded both the statements that the impugned orders shall not be implemented till the next date, and that the earlier regime related to Muslim reservation as per a 2002 notification would continue to hold the field in the meantime.

Background

Under the scanner is a government order by which the Bharatiya Janata Party-led Karnataka government sought to exclude Muslims from the Other Backward Classes category and scrap the four per cent reservation given to them under Category II(B). After moving Muslims under Category II(B) to the ten per cent reservation pool for Economically Weaker Sections (EWS), the Veerashaiva-Lingayats and Vokkaligas communities, previously included under Categories III(A) and III(B), were granted an additional two per cent of the newly available seats, increasing their total share. Ahead of the assembly elections, the ruling BJP government has also decided to provide internal reservation among 101 Scheduled Castes.

The contentious announcement to scrap the four per cent Muslim quota was made by the Karnataka government immediately after a division bench of the Karnataka High Court vacated a January status quo order, by which it had directed the state government to not act on an interim report of the Karnataka State Commission for Backward Classes (KSCBC) with regard to the demand for inclusion of Panchamasali Lingayat sub-sect in Category II(A). This stay was lifted by the high court only after Solicitor-General Tushar Mehta assured the court that the new OBC sub-quotas would not disturb the existing reservation quota in the category.

Case Title

L Ghulam Rasool v. State of Karnataka & Ors. | Writ Petition (Civil) No. 435 of 2023