xx THE HIGH COURT 0:? KARNATAKA cmcurr .
AT DHARW&.D
Dated this the 1*" day of Drscembeg V
BEFORE
TI-IE Honrsm nm.V.Jt1_sT1¢z*:_ Kumzui " '
Writ Pcttition No. 3 12O79». 5£rz00s {€'3Ni«
Between: ' ' K V
Dinakam Parameshwara " V
S/0 i3ar:amcshwara V
Aged about 35
Advocate ' '
R'/o Mundaha]1j_..' '
Tal: Ehatigai 3 = -- ,
Disfi1'ct'Utt"a'ra iifiaxxziizida " Petifioncr
" ._ V Advocate)
= _1 ._ é State
_ Byits Secretary to Departxnent
_ V ofVSa3ciaI"W'eifam
E-.'I S-.._'Bufi?ii_isg
'Bangszloiis? 1
~V 2 'I'££«€::.L3'i{ara Kannada District
Ca:-i1='e.c Vefificatien Committee
, By its Chairman.
' -*'I'1:1e Deputy Comntxissioner
Uttxara Kannada District
Karwar K L
3 Member Secretary Caste and
Income Verification Committee
8:. the Uttara Kannada District .« " ff V.
Social Welfare Officer Respondents "
(By Sri K B Adyapak, :f’&GA*for 1) _: V.
This Writ Petition. is filed tmde”1§A11;ie1es 2:26 and i.3f2′?,of_
the Constitution of india, praying to quash th=e”egedorse;:11e11t
dated 15-10-2008 as per ‘ issueéi May’ the ”
respondentfl by the issue of W19i’z, of cert:io1-mfitor such other
writ, direction or order as in ¢ircfi:nst,anees._.this Honfbie
Court deems fit. 1 _ , s
This Writ Petifion oofii_11g’ this day, the
Court made the foEiow:’z1g:”‘ 1 .t
men e R. ”
The he s petition for quashing
the endo;’se:nefitV”iiz{1tedt issued as per Annexure*G
informing the * pefit’.ioi;e1= he is not entitled. to Caste
._ :’«V”fI_Tvi%_1eV~:;1′,’>e1:i’e’:}ner claims that he belongs to Moger
V ” _caste’;”1wh;:.e’h~:5″a scheduled caste. It is inciuded at S1.No.78 in
” ” Sehetioied Caste and Scheduieci Tribe (Amendment) Act,
respect of Kantzataka State. His name is shown. as
VA ‘V..?sffog§er in all school records. The certificate issued by the Head
~ “tmaster, Government Composite Higher Secondary School,
‘X/.
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Mogerakori, Mundaih, Bhatkal, shows mat she beloggs to
Moger caste. Even the transfer certificaie issued by.
Master, New English School, Bhatka} shows that;
to Mogor community. Petitioner is Dfidvwdaddte ”
Bhatka}. He is qualified to he Vgisaggigg
Junior Division and he has aioplfied ‘$16 L
reserved category. He is seiected”‘ Judge
{dztfin}. As the pe1:itiot1e£:*’.1eodd_V: benefit by
producing the Caste Tahsildar, the
matter was refei*re’§L’:o seeond”1esponrient for the issuance
of ._;)ot:itioner has produced all the
documents Soci.-33 Welfare Oficer to Show
that” belongs. Moger Caste. The second respondent
imgg held a meefing on 30.08.2003 and without
to’v.i.he petitioner the impugned endorsement at
V V’ Annex1zre’~L}0:=am_e to be issued.
fiule 6 of the Karnataka Scheduled Caste and
Sofiheduled Tribe and Qther Backward Ciasses (Reservation of
Appommonm, Etc) Rules, 3.992 provided that every person
“/0
., 4 ..
elaiming reservation either for appointment or for admission,
shall submit an application in Form No} for vefifieafiot1~..of
Caste or Caste and Income claims to the Caste.
Committee in case he claims to belong to Sc.hed’uied1’Ce$te ” ‘V ‘V
Scheduled Tribes, to the Caste and:’.I4ncomAe3
Caste Verification under R11le.6-A shéill fefer 1-..”nV;e’VV«af}p}ic_;atto1:
for issue of Caste Validity V’ to tE):is1:eict Social
Weifane {)fi:’1cer ooncernectzof the Delnertlnent in
the ease of persons be_io§tt;gir1.tgV Caste and
Scheduled T:ib3es%:3;§§’ ‘vexiecaedn after hokiing local
enquir§e$. on a reference made under
Rule 6-A, the Caste Committee and the Caste and
Income ‘V ‘\Je1’ificei1i0ti tlonizmittee shall hold an enquiry under
‘giving an opportunity to the parties concemed.
examine School reconis, birth registration
_ oettificate’ and such. other relevant materials and may
any other person who has the knowledge of the
of the apialieant. In case of an applicant who
_,b§§1ongs to Scheduied Tzibes, the Committee may also examine
the anthmp;olo§’ca1 and ethnologicai traits, deity, rituals,
\/
customs, mode of maxriage, dmth ceremonies,
burial of dead bodies and other such }Ci3x8’i’£6I’S..~_ :'{f; ‘
enquiry, the Committee finds that .fl:m_ ” ”
genuine, it may issue the c:=:r1:i.ficatE:1<«s;<jV.:'__'_1'[g.'1":;t ']V;}'5;,:«
but where the committee $16 '
the Caste Certificate of V_:(v.fl.'§I'F{fiC¢':"l'[fi by
making a false repmsefitat-Léhxz, an order Itjccijng
the application :".tiv}*.L::V:re;{'{31" for such
Iefusai. of the Vefification
.%§:1VVéppea1 to the Divisional
gévenue Division. New 111$
Office oftxgé being abolished, the
said ap;pcja1 the (iaxfimissioner of Social Weifare. This is
'i;§1t;=:V' A.pmvic«lVé<'i Vby the lagzisiaturc in the matter {if
= Certificattt.
w A perusal of the impugned endoxsemcnt at
shows that $113 authorities constituted under the
…R}1.1}es anti the Act are compictely ignorant about the
procecium to be followed when such a zequest is made. in the
i3/’
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endorsement he has stated that when such a request is made
by the petitioner, they sought for a report fiozii the
Superintendeznt of Poiiee, Civil Rights Enforeefflent
iZ)iIec’£orate. The said Directorate after enquiry seeiiis’ .
submitted a report that the petitioiie: iieioiig “~ ii
Scheduled Caste. The said reportgis ,m1;é;i;§a.:;~:’*-c§:*’
Deputy Commissioner Who is aieo the ilaste it ;
Venifieation Committee and op. t}ie– has
directed his Secretary *j.g;su§e *«ii:ef)’ugned endorsement.
Therefore, it is clear’ thetV_vth.e Committee
constit£;f¢ed_ abdicated its duty and has
sought Liossietaiiee’ police oficer attached to the
Siieetoiate of GiViI’I;ibei”ties. Without independent application
aVof3i1:€e.¢_.a Poei:;{)fiee acting on the said report: the
A *io1p;u.g’1ie,Vé” «eeiidorsement is issued.
The question before the Committee was whether
j eiaimant who belong to Moger Community of Uttaxa
-K:-innada is a person belonging to the Scheduled Caste as
V mentzionecéi in item No.?8 of the schedule to the Scheduied
Caste and Scheduled Tzibe (Amendment) Act, 7oi*e1§;is% –
dispute is no more res integra. A Division Bench’-of’
in the case of seem x
oommmna’ or xammmxa ifi._.t?AeF.}Vo;43’16:9/03i§;:”‘ _
held as uader:
“This Court
has held that fiflfoger’ caste
in any part ofthe State of entitied
to seek ieeitesfizte £313: —$?eey belong to
Scktedi-j’Iec_?” of any area
SHIVARAY
_ .n’1smrc*1* ELECTION
held that the person
beIoreg£’fig’v to “__Moger.’1.”~’:commur1ify are entifled to
.. belonging to Scheduled Caste.
ggfpoye She learned Single Judge was
3 ‘V ‘ Division Bench also, ‘
” _ _ i~ Therefoxe, cmce it is established by the petitioner
t}1at i1e belongs to Moger community, then, in View of the
V’ afisresaid pronouncement of this Court, it is a Scheciuieci
u Caste as defined under entry T8 of the scheduie. This is What
the Committee was expected to adgixdicate upon. In order to
la/’
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come to the said conclusion, what the Committee is expected
to see is the school records of the petitioner, birth registietion
certificate and any other relevant material and
other persons who has the knowledge of the ~
applicant. it cannot base its finding .QI1_ the _– it ”
by a police otficer, which report is
<33" the petitioner. When the iI;+te'aest -tkte
to be aflected, the petitioner They
have to issue him at V i:no:I*iee,5_1 to Ataroéuce the
documents in hisVpossessioit-.Vto'V.esitai'$Iishi':ii.ti3tit he belongs to
Moger ..thereafter the committee has to
consider t2'1e4_matei'iai" 'before it and take a independent
decisiori in aeconiaiice with iaw. As the said exercise has not
been fiche' aQ"{i«,_t11e ettdorsement is issued purely based on the
A the yoiice officer, it is not an order gassed
rejec'$ing.__'thei«:CAaste Validity Certificate as contemplated under
Vi 1' Therefore, the question of petitioner preferring
appeal would not arise. More so, when this Court
ii .. been consistently taking the View that iaerson belonging to
it Moger community whether he is a resident of Uttara Kannada
or Qakshina Kannada, he is the person
Schedulttd Casts, it seems the authorities in '
the said orders passed by tltxis Co11;'tH6r"ig,t;d–ring" V
decisiyn and acting on mesa pqiice
behind the back of the pgsséglg Frxns" ' L'
is not what is expected §:i'1.,;hem,V""' = V'
7. me for ‘me post of
Civii Judge’ Want of Caste Valiéity
Ceriificvaiei;Vh§§§ i;3§p§$§;i1t1jir§fi§;t’is §;’+aa;g13e1d. if he Ieaily belongs
to Mogréf resezvation, any Lielay
on part offhe’ in issuing the cemlficate would
” ‘ g3§cgéi£.V;¥.x1}n$fice…to« the petitioner.
8f V. these crircrzzrrzstanmss, the authorities are
V’-».::iirec:1é:.f£V__i£) conduct enquiry and consider hrs request within 15
fiam today. The petitianer is directed to appear before the
K Cfaste Venfimfion Committee an 4″‘ December 2008 at 1 I am
withaut waiting for any notice, The respondents are ciirecfeci to
mmmenoe the enquiry on the very same day and pass
+/
$19-
appropriate orders on or before 1??” December
petition is accordingly allowed.
ksp,” ._
_