A bench of Justices KM Joseph and BV Nagarathna allowed the Karnataka government time till the weekend to file its reply to the petitions.
The Solicitor General sought time from the Supreme Court to file the reply to the petitions challenging the decision to scrap reservation. (Commons)
The Karnataka government on Tuesday, 18 April, again assured the Supreme Court that it would not undertake any appointments or admissions in the wake of the state government’s decision to scrap four percent reservation for Muslim Other Backward Classes (OBC).
The four percent reservation has been allocated to the dominant Vokkaliga and Lingayat communities in the poll-bound state.
Taking on record the extension of assurance, a bench of Justices KM Joseph and BV Nagarathna allowed the Karnataka government time till the weekend to file its reply to the petitions challenging the scrapping of the four percent reservation for the Muslim OBCs in the state.
The bench posted the matter for further consideration on 25 April.
The top court in the last heating of the matter, on 13 April, while asking the Karnataka government to file its reply to the petitions challenging its decision, had recorded the assurance saying, “We record the statement of the solicitor general that no admission or appointment is going to be made till 18 April, 2023, on the basis of the impugned GO (government order).”
Besides seeking time to file the reply to the petitions challenging the decision to scrap OBC Muslim reservations, Solicitor General Tushar Mehta — appearing for the Karnataka government — told the bench that he is to appear before the five-judge Constitution Bench, hearing a batch of petitions seeking legal recognition of same-sex marriage.
He said that senior advocate Kapil Sibal, who is appearing for one of the petitioners challenging the decision scrapping Muslim OBCs reservation, is appearing before the Constitution bench as well.
Senior advocate Sibal said that the reply by the Karnataka government should reach them by Sunday, 23 April, and not on the morning of 25 April, when the matter is listed for hearing.
However, Mehta said that they needed the weekend to finalise the reply, making it clear that it (the reply) cannot be shared on 23 April.
The BJP-ruled Karnataka government on 24 March. decided to scrap the four percent reservation for backward classes among Muslims under Category 2B of OBCs.
The top court was approached by L Ghulam Rasool, Central Muslim Association, and Anjuman-E-Islam, challenging the scrapping of the Muslim OBC reservation, and the quota being shared between the Vokkaliga and Lingayat communities.
In the last hearing of the matter, the top court had expressed its reservation over the decision and posted the matter for today after the bench was assured that no appointment or admissions would be made in pursuance to the government order.
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