Hyderabad: A two-judge panel of the Telangana High Court, comprising Chief Justice Hima Kohli and Justice B Vijaysen Reddy, directed the state to file an affidavit with data concerning the surveys conducted on reducing the reservations in local body elections.
The panel was dealing with a batch of writ petitions against the government’s action in reducing the reservation percentages for OBCs in Local Body Elections from 34% to 22%. The counsel for one of the petitioners, Samala Ravindar, argued that one of the prayers was now covered by the judgement passed this March by a full bench of the Supreme Court directing to proportionately increase the reservation percentages for OBCs in such elections. The SC had directed that it was mandatory for every State to follow the 50% ceiling bar for SCs/STs and OBCs in Local Body Elections.
The Telangana Backward Classes Cooperative Finance Corporation Limited, Hyderabad, had conducted a socio-economic survey, on the basis of which the state decided the reservation percentages. It was argued that such a survey falls only within the Telangana State Commission for Backward Classes for reserving percentages for OBCs for ensuring their adequate political representation in local bodies. It said the state failed to even conduct any survey before the elections and relied upon the 2011 Census. It was brought to the notice of the panel that the government has been conducting local body elections without following mandatory conditions laid down by the SC in its 2010 judgement.
According to the judgement, the reservation percentages for OBCs in Local Body Elections has to pass the triple test. The 2018 and 2019 notifications issued by the state with OBCs reservation percentages on the basis of 2011 Census data falls shy of the requirement under the triple test. The panel asked the state to file an affidavit along with the surveys relied upon for deciding reservation percentages for OBCs. It listed the case for further hearing on April 19.
The same panel, having noted the copious increase in the number of contempt appeals filed, issued guidelines to the Registry of the court. It directed all contempt appeals filed by government servants to state a history of all contempt proceedings initiated against them. The summation of the history should contain information of the cases where the individual was held guilty or acquitted. The same has to be filed by the appellant along with other essential documents.
Justice Abhinand Kumar Shavali directed the Principal of Osmania Medical College to consider the case of Basapally Kranthi Kumar for appointment by transfer to the post of Librarian against the vacancies earmarked for Scheduled Caste category by placing his name before the Departmental Promotion Committee along with others. The petitioner filed a writ before the court questioning the decision of not considering his name for appointment by transfer to the said post. The judge upon hearing both sides passed the said order disposing of the writ petition.
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