Case Note & Summary
The appellants, Smt. A.S. Vimalakshi and Sri R. Shivakumar, were employees of the Karnataka Legislative Assembly Secretariat. They filed writ petitions challenging the reservation in promotion provided for local candidates of the Hyderabad-Karnataka region under Article 371J of the Constitution of India and the Presidential Order dated 20.08.2013. The learned single Judge dismissed their writ petitions, leading to the present writ appeals. The core legal issue was whether Article 371J(1)(b) and (c) empower the President to provide for reservation in promotion for local candidates in public services. The appellants argued that Article 371J only permits reservation in initial recruitment and not in promotion. The respondents, including the State of Karnataka and the Secretary of the Karnataka Legislative Assembly Secretariat, contended that the plain language of Article 371J(1)(b) and (c) includes reservation in promotion, as it refers to 'employment' and 'educational opportunities' without any restriction. The Court analyzed the text of Article 371J, which was inserted by the Constitution (98th Amendment) Act, 2012, to provide for special provisions for the Hyderabad-Karnataka region. The Court noted that Article 371J(1)(b) speaks of 'employment' and 'educational opportunities' for local candidates, and the word 'employment' is broad enough to include promotion. The Court also considered the object of the provision, which is to ensure the development of the region by providing adequate representation of local candidates in public services. The Court held that the Presidential Order dated 20.08.2013, which provides for reservation in promotion, is valid and intra vires the Constitution. The Court dismissed the writ appeals, upholding the judgment of the learned single Judge. The decision was delivered by a Division Bench consisting of Chief Justice Abhay S. Oka and Justice H.T. Narendra Prasad.
Headnote
A) Constitutional Law - Special Provisions for Hyderabad-Karnataka Region - Article 371J of the Constitution of India - Reservation in Promotion - The issue was whether Article 371J(1)(b) and (c) empower the President to provide for reservation in promotion for local candidates in public services. The Court held that the plain language of Article 371J(1)(b) and (c) includes reservation in promotion, as it refers to 'employment' and 'educational opportunities' without any restriction. The Presidential Order dated 20.08.2013 providing for reservation in promotion is valid and intra vires the Constitution. (Paras 2-10) B) Service Law - Reservation in Promotion - Article 371J of the Constitution of India - Local Candidates - The appellants challenged the reservation in promotion for local candidates of Hyderabad-Karnataka region, arguing that Article 371J does not permit reservation in promotion. The Court rejected this contention, holding that the word 'employment' in Article 371J(1)(b) includes promotion, and the Presidential Order is consistent with the constitutional scheme. (Paras 11-15) C) Constitutional Law - Interpretation of Special Provisions - Article 371J of the Constitution of India - The Court interpreted Article 371J in the context of its object to provide for the development of the Hyderabad-Karnataka region. It held that the provision for reservation in promotion is a means to ensure adequate representation of local candidates in public services, which is essential for the region's development. (Paras 16-20)
Issue of Consideration
Whether the reservation in promotion provided for local candidates of the Hyderabad-Karnataka region under Article 371J of the Constitution of India and the Presidential Order dated 20.08.2013 is valid and within the scope of the said Article.
Final Decision
The writ appeals are dismissed. The judgment and order dated 20.02.2019 passed by the learned single Judge in W.P.Nos.27757-27758/2015 (S-Res) is upheld.
Law Points
- Interpretation of Article 371J of the Constitution of India
- Special provisions for Hyderabad-Karnataka region
- Reservation in promotion
- Local candidates in public employment
- Scope of Presidential order under Article 371J
