The Karnataka High Court.
Credit: DH File Photo
The High Court of Karnataka on Wednesday ordered issuing a notice to the state government in a PIL petition that seeks the implementing of the 103rd Constitutional Amendment providing for 10% reservation to economically weaker sections (EWS).
A division bench, headed by Chief Justice P S Dinesh Kumar, was hearing the petition filed by Girish Bharadwaj, a Bengaluru-based advocate and social activist.
The petitioner referred to the January 12, 2019, notification in the Gazette of India, in which the Union government brought in an amendment to provide a maximum of 10% reservation to the individuals belonging to the EWS category by inserting clause (6) to Article 15 and 16 of the Constitution of India. He also stated that even the apex court on November 7, 2022, had upheld the amendment as constitutionally valid in the case of Janhith Abhiyan vs Union of India.
"Even after four years and after about more than one year to the judgement of the apex court upholding the constitutional validity of the 2019 amendment, the respondents have not taken any steps and measures to implement the 103rd Constitutional Amendment for the benefit of meritorious candidates from the EWS category, who would get an opportunity to secure government jobs and seats in reputed educational institutions," the petition said.
The petition stated that a delay in the implementation of the EWS reservation in Karnataka was disproportionately affecting economically disadvantaged students and candidates in recruitment. This is also hindering their access to opportunities for advancement, it added.