D Venkata Krishnappa vs The District Caste Verification ...
2023 Latest Caselaw 9714 Kant

Citation : 2023 Latest Caselaw 9714 Kant
Judgement Date : 7 December, 2023

Karnataka High Court

D Venkata Krishnappa vs The District Caste Verification ... on 7 December, 2023

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                            NC: 2023:KHC:44654
                                                          WP No. 20811 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                              BEFORE
                             THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                              WRIT PETITION NO. 20811 OF 2023 (GM-CC)
                      BETWEEN:

                      D.VENKATA KRISHNAPPA
                      S/O DASAPPA
                      AGED ABOUT 59 YEARS,
                      R/AT NO. C -419
                      NEW HOUSING COLONY
                      INDIAN ISNTITUTE OF SCIENCE
                      BENGALURU - 560 012.
                                                                  ...PETITIONER
                      (BY SRI. ABHISHEK M.R., ADVOCATE)

                      AND:

                      1.    THE DISTRICT CASTE
                            VERIFICATION COMMITTEE
Digitally signed by         BY ITS CHAIRMAN AND
PADMAVATHI B K
                            DEPUTY COMMISSIONER
Location: HIGH
COURT OF                    GANDHINAGAR,
KARNATAKA                   BENGALURU URBAN DISTRICT,
                            BENGALURU - 560 009.

                      2.    ADDL. DIRECTOR GENERAL OF POLICE
                            DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
                            TECHNICAL EDUCATION BUILDING,
                            PALACE ROAD,
                            BENGALURU - 560 001.
                                                               ...RESPONDENTS
                      (BY SRI.C.JAGADEESH, ADVOCATE)
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                                             NC: 2023:KHC:44654
                                          WP No. 20811 of 2023




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE ENTIRE RECORDS VIDE NO.G SA KA A(NA)/JA PA/CR-
20/2019-20 DTD 22.12.2021 ON THE FILE OF R1; QUASH THE
IMPUGNED ORDER DTD 22.12.2021 BEARIG NO.G SA KA
A(NA)/JA PA/CR-20/2019-20 PASSED BY THE R1 PRODUCED AT
ANNEXURE-B.



    THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

The petitioner is before this Court calling in question an

order dated 22.12.2021, by which respondent No.1 cancels the

caste certificate which indicates as Kadu Kuruba and declaring

the caste of the petitioner as Kuruba, based upon the

communication of the Directorate of Civil Rights Enforcement.

2. Heard Sri Abhishek M.R., learned counsel for petitioner

and Sri C. Jagadish, learned counsel for respondent Nos.1 and

3. Learned counsel for the petitioner submits that the

issue in the lis stands answered by the division bench of this

Court in W.A.No.100110/2020, disposed on 10.11.2020 and

therefore, seeks the same relief in the subject petition.

NC: 2023:KHC:44654

4. The judgment of the division bench in

W.A.No.100110/2020 reads as follows:

"3. The learned Single Judge has deemed it relevant to place reliance on the order of the Hon'ble Apex Court rendered in Civil Appeal Nos. 1429-1430/2020. The learned Single Judge has further noticed that the impugned order of termination prima facie appears to be in gross violation of the principles of natural justice audi alteram partem. Admittedly, the caste certificate had reached this Court way back in the year 2003 in W.P.No.46638/2003 which came to be disposed of on 29.03.2011 by quashing the order dated 03.09.2003 passed by the Caste Verification committee and reserving liberty to the Caste Verification Committee constituted in 2009 to take up the issue. The instant appellant-Bank was a party respondent in the said writ petition. Admittedly, the appellant-Bank has not sought for verification of the caste certificate furnished to the employer in the year 1985. That being the admitted facts, the moot question is whether the Caste Verification Committee could have suo motu initiated proceedings to cancel the caste certificate of respondent no.1 or to opine that respondent no.1 has furnished a false certificate.

4. On perusal of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc.) Act, 1990 (hereinafter referred to as 'the Act' for short) and the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc.) Rules, 1992, we find that no such powers of suo motu revision are vested in the Caste Verification Committee and sub-section (2) of Section 4-C of the Act stipulates the persons or entity who may seek for verification of the Caste certificate, and hence, on that ground also, we do not find any ground which would warrant interference with the order passed by the learned Single Judge. Accordingly, the writ appeal stands rejected."

NC: 2023:KHC:44654

In the light of the issue standing answered by the division

bench, the petition deserves to succeed. Therefore, the

following: