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2022 Supreme(SC) 631

INDIRA BANERJEE, J. K. MAHESHWARI
M. V. Chandrakanth – Appellant
Versus
Sangappa – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Shailesh Madiyal, AOR Mr. Sudhanshu Prakash, Adv. Ms. Rakhi M., Adv. Mr. Vinayaka S. Pandit, Adv.
For the Respondent(s): Mr. H. Chandra Sekhar, AOR Ms. Rekha Chandrasekhar, Adv. Mr. Ram Sankar, Adv.

JUDGMENT :

Indira Banerjee, J.

Leave granted.

2. This appeal is against a judgment and final order dated 31st March 2021 passed by a Division Bench of the High Court of Karnataka (Dharwad Bench), allowing Writ Appeal No.100388 of 2017(GM-CC) filed by the Respondent No.1 and setting aside an order dated 13th June 2017 passed by the Single Judge dismissing Writ Petition No.1449 of 2006 (GM-CC) filed by the Respondent No.1 claiming the benefit of reservation for Other Backward Classes as a member of the ‘Ganiga’ caste.

3. By a Government Order being G.O. No. SWD 150 BCA 94 dated 17th September 1994, the Government of Karnataka formulated a Reservation Policy, for ‘Scheduled Castes’, ‘Scheduled Tribes’ and ‘Other Backward Classes’ for admission to professional courses for the year 1994-95, which is hereinafter referred to as the “Reservation Policy”. As per the Reservation Policy the percentage of reservation was as follows:-

“CATEGORY - I

4%

CATEGORY - II(A)

15%

CATEGORY - II(B)

4%

CATEGORY - III(A)

5%

CATEGORY - III(B)

5%

SCHEDULED CASTES

15%

SCHEDULED TRIBE


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