Sri Byrayya v. District Caste Verification Committee

((((((((((((HC-KAR, NC:(2026:KHC:42459( WP(No.(4208(of(2022( ( ,,,,,,,,,, , CNR:(KAHC010084452022( ( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(11 (DAY(OF(AUGUST,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(M.G.S.(KAMAL( WRIT(PETITION(NO.(4208(OF(2022((GM-CC)( BETWEEN:(( (

SRI,BYRAYYA, S/O,MARIYAPPA,, AGED,ABOUT,58,YEARS,, R/O,CHIKKENAHALLI,VILLAGE,, CHANNAPATNA,TALUK,,

RAMNAGAR,DISTRICT., …PETITIONER, (BY,SRI.,PRAVEEN,KUMAR,RAIKOTE.,ADVOCATE), ( AND:(

(

1., DISTRICT,CASTE,VERIFICATION,COMMITTEE, RAMNAGAR,DISTRICT,, BY,ITS,SECRETARY,, Digitally THE,SOCIAL,WELFARE,OFFICER,,signedtiby SUMA0B0N PANCHAYAT,BHAVAN,, Location: B,M,ROAD,,RAMNAGAR-562,159., HIGH0COURT , OF 2., B,SHIVRAJ, KARNATAKA PRINCIPAL,EDITOR,, ATHARKYA,KANNADA,PAKSHIKA,, KRANTIKARI,NEWS,PAPER,, 4/20,,KALLUBHAVI,BIDI,, BHIMANAGAR,,KOLLEGALA,, CHAMARAJANAGAR,DISTRICT,-,571,109., …RESPONDENTS, , (BY,SRI.C.,JAGADISH.,,ADVOCATE,FOR,R1;, ,,,,,,R2,SERVED), ,

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER AT ANNEXURE-A DATED

15.07.2021 PASSED BY THE R1.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:. CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

¶1Petitioner is before this Court being aggrieved by the Order passed by the respondent No.1-District Caste Verification Committee dated 15.07.2021, produced at Annexure-A.

¶2Petitioner was issued with a caste certificate dated

08.06.1977 by the Tahsildar certifying him to be belonging to ''Kadu Kuruba'' caste, which is Scheduled Tribe. Respondent No.2 had given a complaint to CRE Cell alleging irregularities in issuance of the said certificate. An enquiry is stated to have been conducted and a report was submitted. Acting upon the same, respondent No.1-District Caste Verification Committee has proceeded to pass the impugned order dated 15.07.2021, produced at Annexure-A cancelling the said certificate.

¶3Learned counsel for the petitioner submits that the respondent No.1-District Caste Verification Committee cannot entertain a complaint by a third party and revisit the validity or otherwise the certificate issued by the Tahsildar under Section 4A of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 (hereinafter referred to as 'the Act, 1990'). Person aggrieved, if any, on issuance of certificate, has to have his grievance redressed under Section 4B of the Act, 1990 or the Deputy Commissioner may revive the order of the Tahsildar in exercise of his power under Section 4F the Act, 1990.

¶4Therefore, he submits that the procedure adopted by the respondent No.1-District Caste Verification Committee in passing the impugned order cannot be countenanced as the same is one without authority and jurisdiction.

¶5Learned Special Counsel appearing through video conference though does not dispute the above legal position. However, he submits that the petitioner cannot take advantage of the wrong and raise technical objection to retain the benefit, which petitioner is otherwise not entitled

to. He however fairly submits liberty be reserved to the Deputy Commissioner to initiate action in accordance with Section 4F of the Act, 1990.

¶6Submissions are placed on record.

¶7In view of the aforesaid undisputed aspect of the matter, namely, respondent No.1-District Caste Verification Committee not having jurisdiction to directly entertain the complaint by a third party and proceed to cancel the caste certificate which otherwise falls within the provisions of Sections 4B and 4F of the Act, 1990, the impugned order dated 15.07.2021, produced at Annexure-A is hereby quashed.

¶8It is made clear, the Deputy Commissioner is at liberty to take such action as contemplated under Section 4F of the Act, 1990, if so advised.

¶9Petition is disposed of, accordingly.

Sd/- (M.G.S. KAMAL) JUDGE

RL List No.: 1 Sl No.: 19