The High Court of Karnataka on Tuesday directed the State Government to accept the recommendations made by the Karnataka State Backward Classes Commission to use words “Kodava”, “Kodavaru” instead of “Kodagaru” in the list of backward classes and issue a notification in this regard within three months.
Justice Krishna S. Dixit passed the order while allowing a petition filed by Codava National Council, Madikeri.
The court refused to give one more chance to the Government to re-examine the issue while pointing out that the Government had “mechanically reiterated” its earlier decision of 2015 to reject the recommendations despite an opportunity given by the court in August this year for reconsidering the 2015 decision.
The commission, after thorough investigation, had in 2005 and 2010 recommended the Government to use “Kodava”, “Kodavaru”, in Kannada and “Codava”, “Codavaru” in English instead of “Kodagaru” in the list, the court noted.
Though the Government had claimed that it had rejected recommendations as the “competent authority” did not approve the changes, the court observed that the Government had failed to point out which that competent authority was.
“How could a high constitutional functionary like the State Government be swayed away by the view of some so called ‘competent authority’ remains to be a riddle wrapped in enigma,” the court said. “Even in the order of September, 2021, the so called competent authority remains equally unseen and unseeable...,” the court observed.
The court cautioned the Government of imposing heavy cost in the next level of legal battle if it does not comply with the order within an outer limit of three months.
