December 22, 2024
Karnataka High Court Dismisses PIL Challenging Bill on Job Reservation for Kannadigas
High Court Judiciary

Karnataka High Court Dismisses PIL Challenging Bill on Job Reservation for Kannadigas

Aug 7, 2024

Last Updated on August 7, 2024 by News Desk

The Karnataka High Court has dismissed a Public Interest Litigation (PIL) challenging the constitutional validity of a draft bill that proposes 50% reservation in management and 70% in non-management posts for Kannadigas in private industries and other organizations within the state. The PIL was filed by Dr. Amirthalakshmi R.

The division bench, consisting of Chief Justice N V Anjaria and Justice K V Aravind, ruled that the challenge was premature as the bill had not yet become law. Dr. Amirthalakshmi had sought to halt the bill’s progress until constitutional questions were resolved. She referenced a judgment by the Punjab and Haryana High Court, which declared a similar domicile reservation in Haryana unconstitutional. However, the Karnataka High Court differentiated the cases, noting that the challenge in Haryana was against a legislative enactment, whereas the Karnataka bill was still in the draft stage.

The court refrained from discussing the petition’s merits and dismissed it on the grounds of prematurity. The government’s advocate highlighted that Dr. Amirthalakshmi, a Chartered Accountant and regional mentor of change with NITI Aayog, had a potential personal interest in the matter, as her employment opportunities might be affected by the bill. Initially, the court imposed a Rs 5,000 cost on the petitioner due to this perceived personal interest. However, this cost was withdrawn after her counsel revealed she was pregnant, and no personal interest was evident in the petition.

The Karnataka government had temporarily suspended the Karnataka State Employment Of Local Candidates in the Industries, Factories and Other Establishment Bill, 2024, following widespread criticism. Chief Minister Siddaramaiah clarified that the bill, though previously approved by the State Cabinet, was still under preparation and would only be finalized after comprehensive discussions.

The case title is DR. AMIRTHALAKSHMI R vs. State of Karnataka & Others (WP 19644/2024), with the citation 2024 Live Law (Kar) 356.

Written by — Athi Venkatesh AVD

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.