Form ‘Dedicated Commission’ in 2 weeks for empirical inquiry on BC quota: HC

Justice Surepalli Nanda of the Telangana High Court, on Wednesday, directed the State government to constitute within two weeks a ‘Dedicated Commission’ in place of ‘Backward Classes Commission’ to conduct an empirical inquiry over reservations for Backward Classes in local bodies.

The judge observed that entrusting the work of gathering empirical data to the Telangana State Commission for Backward Classes was contrary to the judgment of the five-judge Bench of the Supreme Court. The direction was passed while hearing a writ petition filed by former MP of YSRCP R. Krishnaiah seeking a direction to constitute a ‘dedicated commission’ to gather empirical data on BCs, instead of getting the work done by the BC panel.

The decision of the State government to entrust the work of conducting an inquiry into BCs for the purpose of providing them reservations in elections to local bodies was not in consonance with the Supreme Court verdict in the “Vikas Kishanrao Gawali vs State of Maharashtra” case. The State government should abide by the judgment delivered by the apex court to constitute a dedicated commission.

The judge opined that the government’s decision to order the BC Commission to act as a dedicated commission for determination of political backwardness cannot be accepted. Such a dedicated commission should be independent since the determination of backwardness of communities is a distinct exercise.

The judge cited para no. 13 of the Apex Court verdict in Vikas Kishanrao Gawali case, reported in 2021, which stated that “it is indisputable that the triple test or conditions required to be complied with the State before reserving seats in the local bodies of Other Backward Classes has not been done so far”.

Referring to this verdict and orders in other matters, including that of K. Krishna Murthy and others, the petitioner’s counsel B.S. Prasad said that instead of setting up a ‘Dedicated Commission’, the Telangana government issued GO Ms. No. 47, which was illegal. The matter was posted to November 21 for next hearing.

Published - October 30, 2024 10:42 pm IST