Karnataka HC seeks response from Centre, State in plea seeking implementation of 10% EWS reservation in state

BENGALURU: An advocate has moved the Karnataka High Court seeking to implement the Constitution (103rd) Amendment Act, 2019, providing 10% reservation to economically weaker sections (EWS).

A Bench of Justices Chief Justice PS Dinesh Kumar and TG Shivashankare Gowda has issued notice to the Centre and State government, seeking their responses. The matter will be heard next on April 24. 

The petitioner, Girish Bharadwaj cited a notification published in the Gazette of India on January 12, 2019, in which the Union government put forward an amendment to amend Articles 15 and 16 of the Indian Constitution to insert clause (6), granting a maximum of 10% reservation to individuals who fall under the EWS category. In the Janhit Abhiyan v. Union of India case, the Top Court, affirmed the amendment as constitutionally legitimate on November 7, 2022.

In this light, the petitioner argued that the non-implementation of the EWS reservation is depriving deserving EWS meritorious students and individuals of opportunities in educational institutions and employment. According to him, the reservation will make them eligible for crucial financial assistance from the government, including scholarships, loans and other benefits. This is also hindering their access to opportunities for advancement, it added.

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. 

It was further argued that reservation will improve the socio-economic status of such individuals and their families. 

The petition was moved through Advocate Suyog Herele E.