Karnataka High Court upholds reservation of land for constructing hostel for girl students who have completed matriculation

The Karnataka High Court recently upheld the decision of the Deputy Commissioner of Udupi District to reserve two land parcels for the construction of a girls' hostel for students after matriculation. [Pramoda vs State of Karnataka].As stated in the order passed by a Division Bench of Justices BV Nagarathna and P Krishna Bhat of the High Court:."At the outset, we think that the object and purpose for which reservation of the two parcels of land have been made vide order of the second respondent dated 30/03/2021, is a purpose which is in consonance under Article 15(3) of the Constitution of India, in as much as it is for the purpose of providing residence to girl students, who wish to pursue their studies beyond matriculation. Therefore, we cannot find fault with regard to the purpose for which the reservation has been made.".The petitioners were Scheduled Caste members who had filed representations to set up a community hall "Ambedkar Bhavan", in Vinobhanagar, Udipi District for the benefit of the area's resident Scheduled Caste community. .Instead of allotting the said land for the community hall, the Deputy Commissioner intimated that the land was reserved for building a hostel for girl students who had completed matriculation. .Before the Court, it was contended that the area in question was far away from schools and colleges. As such the construction of a girls hostel would not be of any benefit. Instead the community hall would benefit the residents of the locality, it was submitted. .Appearing for the State government, Advocate Vani H countered that Construction of a Girls' Hostel in the said area would be suitable for all those girl students who wished to pursue their studies post-matriculation. .Adding on, it was contended that the purpose for which the lands have been reserved, being for the benefit of girls, cannot be assailed by these petitioners having regard to Article 15(3) of the Constitution of India (which empowers the State to make special provisions for women and children)..After considering the rival facts, the Court ultimately ruled in the State's favour. ."The representation made by the petitioners was only for grant of the said land and not to seek any right in the said extent of land. Though the representation of the petitioners was made on 24/08/2020, the fact remains that the second respondent has in his discretion, reserved the two parcels of land for the purpose of Girls' Hostel Post Matriculation, having regard to the communication received on 28/06/2019 referred to in the order dated 30/03/2021. Therefore, the petitioners herein cannot seek a right insofar as the said extent of land is concerned for the purpose of the same being granted to them for the construction of a community hall", the Court said. .However, the Court added that if the petitioners were still interested in constructing a community hall in the locality, they were at liberty to make a fresh representation for grant of any other land available in the locality so that the authority may consider the said representation in accordance with law..[Read Judgement]