Karnataka High Court
Shri Ullas Anant Baadkar vs The State Of Karnataka on 21 June, 2022
Bench: Alok Aradhe, J.M.Khazi
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE 2022
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MS.JUSTICE J.M.KHAZI
W.A.NO.474 OF 2021 (GM-CC)
IN
W.P.NO.33527 OF 2016 (GM-CC)
BETWEEN:
SHRI ULLAS ANANT BAADKAR
S/O LATE ANANT V BAADKAR
AGED ABOUT 65 YEARS
EARLIER WORKING AS
FIRST DIVISION ASSISTANT
SUB TREASURY OFFICE,
SOUDHATHI, BELAGAVI DISTRICT
NOW R/AT NO.31/1, 2ND C CROSS,
VASANTHAPPA BLOCK,
GANGANAGAR
R T NAGAR POST
BENGALURU - 560 032
... APPELLANT
(BY SRI. S. VITTAL SHETTY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY
TO THE GOVERNMENT,
MINISTRY OF FINANCE,
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560 001
2
2. THE COMMISSIONER
SOCIAL WELFARE DEPARTMENT
M S BUILDING
BENGALURU - 560 001
3. THE UTTARA KANNADA DISTRICT
SCHEDULE CASTES AND SCHEDULE TRIBES
DIST CASTE VERIFICATION COMMITTEE
REPRESENTED BY ITS
MEMBER SECRETARY AND
DISTRICT SOCIAL WELFARE OFFICER
UTTARA KANNADA, KARWAR - 581 301
4. THE TAHASILDAR
HALIYAL
OFFICE OF THE TAHASILDAR
HALIAYAL (U K) - 581 329
... RESPONDENTS
(BY SRI. C.JAGADEESH, SPL GA)
THIS WRIT APPEAL FILED WRIT APPEAL FILED
U/S 4 SET ASIDE THE ORDER DTD. 05.03.2021,
PASSED BY THE LEARNED SIGNLE JUDGE IN WRIT
PETITION 33827/2016 (GM-CC), IN SO FAR AS THE
SAID JUDGMENT PERTAINS TO NOT, QUASHING
ORDER NO.G Sa Kaa: Tasa: NahaJani:CR17:2001-02
DTD. 23.01.2015 OF THE UTTARKANNADA DIST.
SCHEDULE CASTE AND SCHEDULE TRIBES
DISTRICT CASTE VERIFICATION COMMITTEE
PASSED IN THE MEETING HELD ON 24.01.2015,
DIRECTING THE TAHISHILDAR HALIYAL TO
CANCEL THE CASTE CERTIFICATE AS BELONGING
3
TO HALLEER CASTE OF THE SCHEDULE CASTE
ISSUED TO THE PETITIONER (ANNEXURE-M TO
THE WRIT PETITION) AND ORDER DTD. 31.03.2015,
PASSED BY THE TAHSHILDAR HALIYAL,
CANCELLING THE CASTE CERTIFICATE
NO.1054/1985-86 DATED. 27.12.1985, ISSUED TO
THE PETITIONER (ANNEXURE-N TO THE WRIT
PETITION), AND ORDER DTD. 05.05.2016, PASSED
BY THE COMMISSIONER, SOCIAL WELFARE
DEPARTMENT, REJECTING THE APPEAL FILED BY
THE PETITIONER, (ANNEXURE-R, TO THE WRIT
PETITION), AS THESE ORDERS ARE PASSED IN
VIOLATION OF RULES OF NATURAL JUSTICE,
WITHOUT JURISDICTION, AGAINST THE
PROVISIONS OF THE KARNATAKA SC.ST AND
OTHER BC (RESERVATION OF APPOINTMENTS ETC)
ACT, 1980 AND HENCE UNSUSTAINABLE.
THIS WRIT APPEAL COMING ON FOR
PRELIMINARY HEARING, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra Court appeal arises from the
order dated 05.03.2021, by which writ petition
filed by the appellant has been dismissed.
2. Facts giving rise to the filing of this
appeal briefly stated are that the appellant joined
the Treasury Department, Haliyal as Second
Division Assistant on 05.12.1979. The appellant
furnished the caste certificate dated 27.12.1985
issued by the T ahsildar, Haliyal, certifying that
appellant belongs to Schedule Caste category. On
the basis of the aforesaid caste certificate, the
appellant was appointed on 21.02.1986 in the
cadre of Second Division Assistant. Thereafter,
the appellant was promoted as First Division
Assistant on 27.02.1996. It appears that one
Mr.R.S.Bant, made a complaint against the
appellant that he has furnished false caste
certificate.
3. Thereafter, the District Caste
Verification Committee by an order dated
31.12.2002 directed the Tahsildar to cancel the
caste certificate issued to the appellant. In
pursuance of the aforesaid order, Tahsildar,
Haliyal by an order dated 05.04.2003 cancelled
the caste certificate issued in favour of the
appellant. The aforesaid order passed by the
Tahsildar, Haliyal was challenged in
W.P.No.3951/2006 which was allowed by order
dated 16.03.2006 and the matter was remitted to
Tahsildar.
4. The Tahsildar thereafter passed
another order on 12.09.2008 by which caste
certificate issued in favour of the appellant was
cancelled. Thereafter, the appellant by an order
dated 23.01.2009 was discharged from service.
The order dated 12.09.2008 canceling the caste
certificate and discharging the appellant from
service was again set aside by an order dated
31.01.2012 in W.P.No.67044/2012 and the
matter was once again remitted. Thereafter, by an
order dated 23.01.2015, the District Caste
Verification Committee passed order directing the
Tahsildar, Haliyal to cancel the caste certificate.
5. The Tahsildar, Haliyal, by an order
dated 31.03.2015 cancelled the caste certificate
issued to the appellant. The appellant thereafter
by an order dated 24.04.2015 was terminated
from service. He was relieved on 06.05.2015. The
appellant challenged the said order in an appeal
which came to be dismissed by order dated
05.05.2016. The appellant challenged the validity
of said order in W.P.No.33827/2016 before the
learned Single Judge. The learned Single Judge
by an order dated 05.03.2021 has dismissed the
writ petition preferred by the appellant. In the
aforesaid factual background, this appeal has
been filed.
6. Learned counsel for appellant
submitted that the District Caste Verification
Committee has cancelled the caste certificate
issued in favour of the appellant without giving
an opportunity of being heard to the appellant
and without holding an enquiry into it. It is
submitted that the learned Single Judge has
failed to appreciate the aforesaid aspect of the
matter.
7. On the other hand, learned Additional
Government Advocate while inviting attention to
the Court to the original record produced before
the Court submitted that the notice was issued to
the appellant by the District Caste Verification
Committee and the appellant has furnished reply
before the said Committee. It is further submitted
that appellant obtained a false caste certificate
and as disclosed by himself that he belong to
'Halleer' caste. Therefore the District Caste
Verification Committee has cancelled the caste
certificate issued to the appellant. It is also
contended that the order passed by the learned
Single Judge does not call for any interference.
8. We have considered the submissions
made on both sides and have perused the original
record. It is trite law that this Court under the
exercise of its jurisdiction under Article 226 of the
Constitution of India is concerned only with the
procedure employed by the quasi-judicial
authorities and that this Court does not venture
into the merits of the matter unless the same are
demonstrated to be perverse or malafide.
9. From the proceedings of the District
Caste Verification Committee, it is evident that
notice was issued to the appellant and the
appellant submitted his reply to the District
Caste Verification Committee. The said
Committee after taking note of the reply
furnished by the appellant has held that though
the appellant claims that he belongs to 'Halleer'
caste, however, no material has been placed by
the appellant on record to show that he belong to
either 'Halleer' caste or to demonstrate that
'Bhajanthri' caste comes under Scheduled Caste
category. The learned Single Judge in para-35 of
the order has recorded a finding that either before
the Appellate Court or in the proceedings before
the learned Single Judge appellant has not
produced any material to demonstrate that he
belongs to either 'Halleer' caste or to demonstrate
that 'Bhajanthri' caste comes under Scheduled
Caste category. The District Caste Verification
Committee therefore after affording an
opportunity of hearing to the appellant has
cancelled the caste certificate. The said order has
been upheld by the Appellate Authority as well as
by the learned Single Judge in
W.P.No.33827/2016.
For the aforesaid reasons, we do not find
any merit in the case to interfere with the orders
passed by the learned Single Judge. In the result,
the appeal fails and is hereby dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RR
