IN THE HIGH COURT OF KARNATAKA AT BENGALURU

Transcription

1 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9 th DAY OF FEBRUARY, 2016 PRESENT THE HON BLE MR. SUBHRO KAMAL MUKHERJEE ACTING CHIEF JUSTICE AND THE HON BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO OF 2011 (GM-RES-PIL) BETWEEN: 1. KARNATAKA PRADESH KURUBARA SANGHA (R) 1ST MAIN, GADHINAGAR, BANGALORE SHRI K M RAMACHANDRAPPA S/O LATE MUNIYAPPA AGED ABOUT 54 YEARS 2. KARNATAKA THIGALARA SARVAJANIKA VIDYABHIRUDDI SANGHA (R), 5TH BLOCK, RAJAJINAGAR BANGALORE SHRI KEMPAIAH S/O LATE HANUMANTHAIAH AGED ABOUT 74 YEARS 3. BANGALORE RURAL DISTRICT SAVITHA SAMAJ KARNATAKA RAJYA SAVITHA SAMAJA

2 2 NO.5, 5TH ROAD, NFG COLONY SANJAYNAGAR, BANGALORE RAMANJANEYA S/O LATE MUNIYAPPA AGED ABOUT 59 YEARS 4. KARNATAKA RAJYA IDIGARA SANGHA (R) SESHADRIPURAM, BANGALORE SHRI S J KALEGOWDA S/O LATE JAVAREGOWDA AGED ABOUT 72 YEARS 5. SHREE MADIWALA MACHIDEVA DHARMIKA TRUST DHARSHANARANGA NO.130, KEMPEGOWDA NAGAR BANGALORE BY ITS TRUSTEE K CHOWDAIAH S/O KUNNAIAH AGED ABOUT 62 YEARS 6. DOMBI DASARA KSHEMABHIRUDDI SANGHA (R) REP BY ITS VICE PRESIDENT SHRI B N NARAYANA SWAMY S/O LATE NARAYANAPPA AGED ABOUT 74 YEARS 7. KARNATAKA STATE VISHWAKARMA SAMAJ (R) NO.3, SHIRUR PARK ROAD SESHADRIPURAM, BANGALORE BY ITS GENERAL SECRETARY SHRI A RUDRAPPA S/O A KALINGAPPA CHAR AGED ABOUT 66 YEARS... PETITIONERS (BY SRI.RAVI H.K., ADVOCATE FOR SRI.ROHITH D.K., ADVOCATE)

3 3 AND : 1. GOVERNMENT OF KARNATAKA DEPARTMENT OF SOCIAL WELFARE M S BUILDING DR B R AMBEDKAR VEEDHI BANGALORE GOVERNMENT OF KARNATAKA DEPARTMENT OF SOCIAL WELFARE REP BY ITS UNDER SECRETARY M S BUILINDG, DR B R AMBEDKAR VEEDHI BANGALORE KARNATAKA PRADESH BALIJA SANGHA (R) HAVING ITS REGISTERED OFFICE AT ANEKAL THIMMAIAH BALIJA HOSTEL BUILDING 1ST MAIN ROAD, CHAMARAJPET BANGALORE REPRESENTED BY ITS PRESIDENT SRI.N.VENKATESHAIAH AGE: 91 YEARS S/O LATE NARAYANAPPA 4. KARNATAKA RAJYA BALIJA SAMYUKTHA SANGHA REPRESENTED BY ITS PRESIDENT SRI.A.PAPAREDDY NO.25, 1 ST CROSS ROAD TEMPLE ROAD TEMPLE STREET JEEVANAHALLI COXTOWN BANGALORE

4 4 5. KARNATAKA BALIJA SANGHA S FEDERATION (R) REPRESENTED BY ITS GENERAL SECRETARY VEERENDRA KUMAR H.M. #546, 31 ST MAIN BANAGIRI NAGAR B.S.K.3 RD STAGE BANGALORE RESPONDENTS (SRI.R.DEVDAS, PRINCIPAL GOVERNMENT ADV. FOR R1 AND R2 SRI.A.G.HOLLA, SENIOR ADVOCATE APPEARING FOR SRI.JAGADISH C.K., ADVOCATE AND SRI.R.VYBHAV, ADVOCATE AND FOR M/s. SHETTY AND HEGDE ASSOCIATES, ADVOCATES FOR R3 SRI.V.ANAND, ADVOCATE FOR R4 SRI.S.N.ASWATHANARAYAN, ADVOCATE FOR R5) --- This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the Government order dated vide Annexure-A, issued by the respondent No.1, and etc. This petition coming on for Preliminary Hearing this day, THE ACTING CHIEF JUSTICE made the following:

5 5 ORDER This is a public interest litigation assailing a Government order dated July 16, The balija community was in Category III(A) in the caste list prepared under Article 15(4) of the Constitution of India. By the order impugned, it was placed in the Category II(A), for the purpose of education only. In the Government order, there is no reason recorded for such change. It is, only, recorded that representations were made and the Government has considered the materials. 3. An order needs to be sustained on the strength of it. It cannot be supported by supplementing documents, by affidavit. 4. We, therefore, dispose of this writ petition granting liberty to the writ petitioners to make a representation to the Secretary, Department of Social Welfare, by three weeks.

6 6 If such a representation is made, the said Secretary is directed to consider such representation after hearing all concerned in the matter, including the Backward Classes Commission. We trust and hope that the representation shall be disposed of as expeditiously as possible by passing a reasoned and speaking order. There will be no order as to costs. Sd/- ACTING CHIEF JUSTICE Sd/- JUDGE RV