Constitute ‘dedicated commission’ within two weeks to compile data of BCs: HC to govt

Hyderabad: The Telangana High Court’s single bench of Justice Surepalli Nanda on Wednesday directed the government to constitute within two weeks a “dedicated commission” for compiling rigorous empirical data for providing reservations for OBCs in the ensuing local body elections in place of the BC Commission.

The court opined that entrusting the work of empirical data to the BC Commission is contrary to the five-judge bench judgment of the Supreme Court [Dr K Krishna Murthy) in the case of Vikas Kishan Rao Gawali (three-judge bench judgment].

Justice Nanda directed the government to follow the observations made by Dr Krishna Murthy of the Supreme Court. The court said the commission constituted by the government for conducting rigorous empirical enquiry for providing BC reservations by entrusting the task to the “BC Commission” is not in consonance with the SC judgment in “Vikas Kishan Rao Gawali Vs., State of Maharashtra” and directed the government to abide by the SC judgment, which says that a dedicated Commission should be constituted for compiling data for providing BC reservations in the local body elections.

After the judge gave the order in the morning session, Advocate-General A Sudarshan Reddy appeared before Justice Nanda post-lunch and prayed to recall the order. He submitted that the government, in adherence to the SC directions has designated the BC Commission as dedicated commission and the requirement as contended in the writ petition is met. The judge refused to agree to contentions of A-G.

Former A-G and senior counsel Banda Shivananda Prasad who appeared for the petitioner R Krishnaiah, former MP, insisted upon the court to pass an interim order as the BC Commission has commenced work of collecting empirical data of BCs across the State in view of the ensuing local body elections.

He brought to the court’s notice that when a similar issue of constituting a dedicated commission arose in Maharashtra—which went up to the SC--the then government had appointed the BC commission as “dedicated commission” which furnished an interim report.

The SC had declined to accept the interim report filed by the “BC commission” constituted by the government and set aside the report stating the BC commission can’t be appointed as the designated commission; the interim report did not met the parameter of rigorous empirical data and the case is pending.

As the SC declined to accept the BC commission interim report, another dedicated commission was constituted by the government, Banthia Commission, for conducting rigorous empirical inquiry

Justice Nanda was adjudicating the writ filed by Krishnaiah seeking a direction to the government to constitute a dedicated commission for compiling rigorous empirical data for providing OBC reservations in the ensuing local body elections in place of the BC Commission.

Hearing in the case was adjourned by two weeks.