The Karnataka High Court on Monday 6th Aug, 2019 has dismissed the appeal in which appellants are unsuccessful writ petitioners have taken an exception to the judgment and order dated 20th February, 2019.
The bench of Chief Justice, Abhay S. Oka and Justice Narendra Prasad had concluded:
- As stated earlier, by paragraph-13 of the impugned Order, the Hon’ble Governor has provided for reservation of 8% of the posts in the State level offices or state level institutions. 8% reservation is provided, representing the population percentage of the said region in the total population of Karnataka. Thus, the reservation is provided in State level offices which are outside the said region. The exercise of power by Hon’ble Governor by providing reservation in paragraph 13 of the impugned order is fully and legally supported by sub-clause (c) of clause (1) of Article 371J of the Constitution.
- Therefore, our conclusion is that though we do not fully concur with the view taken by the learned single Judge when he tried to invoke rule of purposive construction, for the reasons which we have recorded above, there is no illegality associated with paragraph 13 of the impugned order and it is well within the domain/scope of Article 371J. Therefore, the ultimate view taken by the learned single Judge about the legality of the contents of paragraph 13 of the impugned order is correct.
Accordingly, we find no merit in these appeals and the same are dismissed, with no order as to the costs. ”