Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF AUGUST, 2019 PRESENT ® THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE H.T. NARENDRA PRASAD WRIT APPEAL NOS.939-940 OF 2019 (S-RES) BETWEEN:
1. SMT. A.S. VIMALAKSHI W/O. LATE M.S. MALLESHAIAH, AGED ABOUT 55 YEARS WORKING AS SENIOR ASSISTANT KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT VIDHANA SOUDHA, BENGALURU RESIDING AT NO.45, 4TH MAIN ROAD SESHADRIPURAM, BENGALURU-560020 2. SRI. R. SHIVAKUMAR S/O. RAJANNA AGED ABOUT 46 YEARS WORKING AS ASSISTANT KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT VIDHANA SOUDHA, BENGALURU RESIDING AT NO.737, 1ST ‘F’ CROSS 3RD STAGE, 4TH BLOCK BASAVESHWARANAGAR BENGALURU-560 079.
... APPELLANTS (BY SRI. P.S. RAJAGOPAL, SENIOR ADVOCATE ALONG WITH SRI. YOGESH NAIK, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY KARNATAKA GOVERNMENT SECRETARIAT VIDHANA SOUDHA, BENGALURU-560 001 2. THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS KARNATAKA GOVERNMENT SECRETARIAT VIDHANA SOUDHA, BENGALURU-560 001 3. THE SECRETARY KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT VIDHANA SOUDHA, BENGALURU-560 001 4. SMT. P. LALITHA SENIOR ASSISTANT/RESEARCH ASSISTANT KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT, VIDHANA SOUDHA, BENGALURU-560 001.
. . . RESPONDENTS (BY SRI NITIN RAMESH, ADDITIONAL ADVOCATE GENERAL FOR SRI VIJAYKUMAR.Y.H., PRINCIPAL GOVERNMENT ADVOCATE FOR RESPONDENTS-1 TO 3 & SRI S.P. KULKARNI, ADVOCATE FOR SRI P.V. MANJUNATHA, ADVOCATE FOR RESPONDENT-4) THESE WRIT APPEALS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 20.02.2019 PASSED IN WRIT PETITION NO.27757-58/2015 AND ALLOW THE WRIT PETITION FILED BY THE APPELLANTS.
THESE APPEALS, HAVING HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT OVERVIEW The appellants, who are unsuccessful writ petitioners have taken an exception to the Judgment and Order dated 20th February, 2019 passed by the learned single Judge, by which, writ petitions filed by them in W.P.Nos. 27757- 27758/2015 (S-Res) have been rejected.
2. The issue revolves around the interpretation of Article 371 J of the Constitution of India which reads thus:
“371-J. Special provisions with respect to State of Karnataka.—(1) The President may, by order made with respect to the State of Karnataka, provide for any special responsibility of the Governor for— (a) establishment of a separate development board for Hyderabad-Karnataka region with the provision that a report on the working of the board will be placed each year before the State Legislative Assembly;
(b) equitable allocation of funds for developmental expenditure over the said region, subject to the requirements of the State as a whole; and (c) equitable opportunities and facilities for the people belonging to the said region, in matters of public employment, education and vocational training, subject to the requirements of the State as a whole.
(2) An order made under sub-clause (c) of clause (1) may provide for— (a) reservation of a proportion of seats in educational and vocational training institutions in the Hyderabad-Karnataka region for students who belong to that region by birth or by domicile; and (b) identification of posts or classes of posts under the State Government and in any body or organisation under the control of the State Government in the Hyderabad-Karnataka region and reservation of a proportion of such posts for persons who belong to that region by birth or by domicile and for appointment thereto by direct recruitment or by promotion or in any other manner as may be specified in the order.”
(emphasis supplied) We have highlighted the portion which is relevant for our consideration. The Hon’ble President of India issued an Order dated 24th October, 2013 under the name and style of ‘the State of Karnataka (Special Responsibility of Governor for Hyderabad-Karnataka Region) Order, 2013’ (for short ‘the said Order’). The said order dated 24th October, 2013, passed by the Hon’ble President of India reads thus:
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