The High Court of Karnataka
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In a set back to the State government, the High Court of Karnataka has restrained it from issuing any notification further for recruitment to any posts based on the Karnataka Scheduled Castes (SCs) and Scheduled Tribes (STs) (Reservation of Seats in Education Institutions and Appointments of Posts and Services under the State) Act, 2022, which has increased reservation for SCs/STs till further orders.
Earlier notifications
However, the court said the government may continue the process of recruitment to the posts based on the notifications issued already as per increased reservation for SCs/STs prior to November 19, 2025.
Also, the court made it clear that any appointment made, based on the ongoing recruitment process, shall be subject to the final outcome of the present petitions.
A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha passed the interim order on November 27 acting on the two PIL petitions, filed by Mahendra Kumar Mitra, a social worker from Raichur, and Mahesh, from Bengaluru, questioning the constitutional validity of the Act of 2022.
The Bench also told the government that all appointment/promotion letters, if issued based on the Act of 2022, would expressly indicate that the appointment and the promotion is, subject to the outcome of the present petitions and the candidates would not claim any equities, in the event the increased reservation is struck down by the court.
Other orders to continue
Meanwhile, the Bench clarified that this interim order allowing continuation of already notified recruitment process would not affect the operation of any other specific interim orders or final orders granted by the court or the tribunal in relation to the recruitment process, initiated based on the Act of 2022 by issuance of recruitment notifications prior to November 19.
Though the Bench on November 19 had restrained the State government from implementing the increase in reservation in terms of the Act of 2022 till November 27, it permitted the government continuation of recruitment process with enhanced reservation for which the notifications were issued prior to November 19 after the State Advocate-General pointed out that if the already commenced process is interdicted, the government would suffer a shortage of manpower.
The challenge
In terms of Section 4 of the Act of 2022, reservation for the persons belonging to the SCs and STs has been increased from 15% to 17% and 3% to 7%, respectively, but the reservation for Other Backward Classes (OBCs) continues to remain at 32%, it has been stated in the petition, while pointing out that increase in reservation exceeds 50% limit for reservation for these categories set by the Supreme Court in the case of Indra Sawhney and others Vs. Union of India.
It has also been claimed in the petitions that National Commission for SCs and the National Commission for STs has not been consulted as required under Article 338 (9) and 338-A (9) of the Constitution of India before increasing the reservation.
Published – December 01, 2025 07:27 pm IST
