Top court jolts Karnataka on SC/ST quota in promotions

February 10, 2017

New Delhi, Feb 10: The exercise for determininginadequacy of representation',backwardness' andoverall efficiency' must be carried out before granting promotion to Scheduled Castes and Scheduled Tribes employees under the Constitution, the Supreme Court held on Thursday.

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“(The) mere fact that there is no proportionate representation in promotional posts for the population of SCs and STs is not by itself enough to grant consequential seniority to promotees who are otherwise junior and thereby denying seniority to those who are given promotion later on account of reservation policy,” a bench of Justices Adarsh Kumar Goel and U U Lalit noted.

The apex court was hearing a petition by B K Pavitra and others, who pointed out

that assistant engineers of SC/ST category recruited in 1987 were promoted to the cadre of assistant executive engineers while assistant engineers recruited in 1976 under general merit were considered for promotion to the said cadre.

The government granted benefits to the 1987 cadre engineers under the Karnataka Determination of Seniority of the Government Servants Promoted on the Basis of Reservation (To the Posts in the Civil Services of the State) Act.

The petitioners challenged a high court ruling that they must prove that overall efficiency was adversely affected by giving consequential seniority to junior persons who got promotion on account of reservation granted under Article 16 (4A) of the Constitution.

Opposing the petition, senior advocate Basava Prabhu S Patil, appearing for Karnataka, submitted that the Act did not deal with reservation but seniority. “Seniority is not a fundamental right but a civil right,” Patil said.

The apex court, however, rejected the contention by saying, “It is for the state to place material on record that there was compelling necessity for exercise of such power and (that the) decision of the state was based on material including the study that overall efficiency is not compromised.”

“In the present case, no such exercise has been undertaken... Further plea that seniority was not a fundamental right is equally without any merit in the present context,” the bench said and allowed the appeal by setting aside the high court judgement.

But the court said the judgement would not affect those who had retired and taken certain financial benefits.

“Consequential promotions granted to serving employees, based on consequential seniority benefit, will be treated as ad hoc and liable to be reviewed. Seniority list may be now revised in the light of this judgement within three months from today. Further consequential action may be taken accordingly within (the) next three months,” the bench said.

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April 30,2024

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Guwahati: Union Home Minister Amit Shah on Tuesday condemned the alleged sexual abuse of women involving Lok Sabha MP Prajwal Revanna, asserting that the BJP will not tolerate any insult to women.

Revanna (33) is the BJP-JD(S) alliance candidate for Hassan Lok Sabha constituency, which went to polls on April 26.

Earlier in the day, the JD(S) suspended Revanna from the party with immediate effect.

“The issue regarding Revanna that has been reported in the media is very hurtful and cannot be tolerated in any way,” Shah told a press conference here.

“The BJP’s stand is very clear; we will not tolerate any insult to ‘matri aur nari shakti’ (women empowerment),” he asserted.

Some explicit video clips allegedly involving Prajwal Revanna, the grandson of former prime minister H D Deve Gowda, were circulated in Hassan over the last few days.

The home minister said Congress has been alleging that an NDA partner’s candidate is involved in the incident, “but I just want to ask a small question - whose government is there in that state (Karnataka)?”

“The Congress is in power in Karnataka, and this matter must have come to their attention. Why has it not taken any action on it so far? We cannot take any action as law and order is a state issue,” Shah said.

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May 3,2024

Bengaluru: In a fresh development in the alleged Hassan sex abuse case, JD(S) MLA H D Revanna, who was accused of sexually harassing his house help, has been booked for kidnapping a victim allegedly sexually assaulted by his son, Hassan MP Prajwal Revanna. The case was filed late Thursday evening at the KR Nagar police station in Mysuru.

The 20-year-old complainant from KR Nagara accused one Sathish Babanna of taking his mother away forcibly and keeping her in an unknown location at the behest of Revanna.

As per the FIR, Revanna has been named as accused 1 while Babanna was accused 2. The duo were booked under IPC Sections 364A (kidnapping for ransom), 365 (kidnapping or abducting with intent secretly and wrongfully to confine a person) and 34 (acts done by several persons in furtherance of common intention).

The complainant claimed that his mother, whose name and age were not revealed, had worked as a help in Revanna’s house and farm in Holenarasipura for six years, quit the job three years ago and returned to KR Nagara. She then worked for daily wages.

“Nearly three to four days before the Lok Sabha election, Sathish Babanna, who is known to us and hailed from our native place, took my mother to Holenarasipura after saying that Bhavani Revanna, the wife of MLA Revanna, had asked for her,” the complainant alleged, adding that Babanna dropped her back on the day of the polls.

Babanna allegedly told the victim’s mother and father to remain silent and evade the police if they came looking for them and to inform him of the developments.

On April 29, at around 9 pm, when the complainant was home, the suspect Babanna arrived, told the complainant’s mother that Revanna had asked for her and took her away on his motorcycle. The complainant claimed that he wasn’t aware of where Babanna took his mother and he had told him that if the police found her, a case would be registered and they would all go to jail.

On May 1, two of the complainant’s relatives called him on the phone and told him that there was a video of his mother being sexually assaulted by Prajwal and that it was a huge case, the FIR noted. He was also informed by his two friends of his "mother's videos being circulated".

When he asked Babanna later that night, he was allegedly told that there was a photo of his mother standing with a stick when Prajwal had quarrelled with someone earlier and an FIR had been registered. Babanna told the complainant that his mother would have to be released on bail, the FIR noted.

“Babanna told me not to speak on the matter on my phone and asked me to talk from a different phone,” he said, seeking action from the police.

The case has been transferred to the Special Investigation Team (SIT) set up to probe the Hassan sex scandal as per the government order.

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May 2,2024

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Mangaluru: This year too, the Mangaluru International Airport has missed being designated as an embarkation point for the annual hajj pilgrimage. 

According to the Haj Committee of India, not many are choosing Mangaluru as an embarkation point. Last year, although Mangaluru was notified as one of the embarkation points, the Union government removed it from the list at the last minute.

Several associations and organisations submitted memorandums to the Haj Committee of India, requesting the reinstatement of Mangaluru as one of the embarkation points, but their efforts have not materialised this year either.

The use of Mangaluru Airport as an embarkation point for the haj began in 2010. In 2019, 1,400 haj pilgrims flew from MIA to Saudi Arabia.

“When the number is less, it is difficult to consider it. It was the same issue as last year,” reacted AP Abdullakutty, chairman of the Haj Committee of India.
Mangaluru as an embarkation point served people from undivided Dakshina Kannada, Kodagu, Shivamogga, Uttara Kannada, and Chikkamagaluru districts.
Last year, the Muslim Central Committee of Dakshina Kannada and Udupi districts submitted a memorandum to Abdullakutty. They expressed their disappointment with Abdullakutty and stated that Mangaluru had a good number of applicants ever since it was identified as an embarkation point. 
Now, they have to travel to Bengaluru. 

UT Khader, speaker of the Karnataka legislative assembly, pointed out that several Union ministries are involved in the process of designating embarkation points for the haj.

“We are not sure why MIA as an embarkation point was removed. Is it because of fewer applications, or are airlines not willing to bid for MIA as an embarkation point? Is it only an issue with MIA as an embarkation point, or are there other airports in the country facing similar issues? We will try to find out and seek answers. Meanwhile, we will also start working at the earliest so that MIA is considered as an embarkation point for hajj next year,” said Khader.

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