Karnataka High Court
Ashok S/O Halappa Mudallavar vs The Deputy Commissioner And on 20 January, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:1134
WP No. 116190 of 2019
C/W WP No. 100571 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.116190 OF 2019 (GM-CC)
C/W
WRIT PETITION NO. 100571 OF 2024
IN W.P.NO.116190/2019:
BETWEEN:
ASHOK S/O. HALAPPA MUDALLAVAR,
AGE: 40 YEARS,
OCC: JUNIOR LAB TECHNICIAN,
R/O: KALAVIHALLI, TQ: HIREKERUR,
DIST: HAVERI - 581 110.
...PETITIONER
(BY SRI S.H.MITTALKOD, SRI M.L.VANTI AND
SRI VINAY S. KOUJALAGI, ADVOCATES)
AND:
1. THE DEPUTY COMMISSIONER AND
THE CHAIRMAN OF
Digitally signed by
DISTRICT CASTE AND INCOME
VISHAL
NINGAPPA VERIFICATION COMMITTEE,
PATTIHAL
Location: High
HAVERI, DIST: HAVERI - 581 110.
Court of Karnataka
2. THE MEMBER SECRETARY AND PRESIDIENT
DISTRICT CASTE AND INCOME
VERIFICATION COMMITTEE,
HAVERI, DIST: HAVERI - 581 110.
3. COMMISSIONER,
DEPARTMENT OF BACKWARD CASTES
WELFARE AND APPELLATE LAUTHORITY
CASTE/INCOME VERIFICATION,
NO.16/D, DEVRAJ ARASU BHAVAN,
3RD FLOOR, NEAR MILLERS LAKE,
VASANT NAGAR,
BENGALURU - 560 052.
-2-
NC: 2025:KHC-D:1134
WP No. 116190 of 2019
C/W WP No. 100571 of 2024
4. THE PRINCIPAL SECRETARY,
MEDICAL EDUCATION DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU - 560 0052.
5. THE DIRECTOR,
KARNATAKA INSTITUTE OF
MEDICAL SCIENCES, HUBBALLI,
HUBBALLI - 580 009.
6. THE CHIEF ADMINISTRATIVE OFFICER,
KARNATAKA INSTITUTE OF MEDICAL SCIENCES,
HUBBALLI, HUBBALLI - 580 009.
7. THE TAHASILDAR HIREKERUR,
DIST: HAVERI - 581 110.
...RESPONDENTS
(BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R4 AND R7;
SRI A.D.KULKARNI, ADVOCATE FOR R5 AND R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN
THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION AND QUASH THE ORDER BEARING NO
DBCM/SINDHUTWA/CR-19/2010-11 D 19/7/2016 PASSED BY THE
2ND RESPONDENT PRODUCED AT ANNEXURE-E AND THE ORDER
BEARING NO. HIVAKAE/MASHA/CR - 58/2017-18 DT 26/5/2018
PASSED BY THE 3RD RESPONDENT PRODUCED AT ANNEXURE-U1 IN
THE INTEREST OF JUSTICE AND EQUITY INSOFAR PETITION
CONCERNED AND ETC.,
IN W.P.NO.100571/2024:
BETWEEN:
KALINGAPPA S/O. BASAVANTHAPPA BIDARI,
AGE: 43 YEARS, OCC: NIL/AGRICUTLURE,
R/O: BILLALLI, TQ: RANEBENNUR,
DIST: HAVERI - 581 110.
...PETITIONER
(BY SRI V. M. SHEELVANT, SRI M.L.VANTI
AND SRI VINAY S. KOUJALAGI, ADVOCATES)
-3-
NC: 2025:KHC-D:1134
WP No. 116190 of 2019
C/W WP No. 100571 of 2024
AND:
1. THE DEPUTY COMMISSIONER AND
THE CHAIRMAN OF DISTRICT CASTE
AND INCOME VERIFICATION COMMITTEE
HAVERI, DIST. HAVERI - 581 110.
2. THE MEMBER SECRETARY,
DISTRICT CASTE AND INCOME
VERIFICATION COMMITTEE,
HAVERI, DIST: HAVERI - 581 110.
3. COMMISSIONER,
DEPARTMENT OF BACKWARD CASTES WELFARE
AND APPELLATE AUTHORITY CASTE
INCOME VERIFICATION,
NO.16/D, DEVRAJ ARASU BHAVAN,
3RD FLOOR, NEAR MILLERS LAKE,
VASANT NAGAR, BANGALORE - 560 052.
4. THE MANAGING DIRECTOR,
NWKRTC, GOKUL ROAD,
HUBBALLI - 580 023.
5. THE DEPOT MANAGER,
NWKRTC, HAVERI,
DIST: HAVERI - 581 110.
6. THE TAHASILDAR, RANEBENNUR,
DIST: HAVERI - 581 110,
...RESPONDENTS
(BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R3 AND R6;
SRI PRASHANT HOSAMANI, ADVOCATE FOR R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN
THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION AND QUASH THE ORDER DATED 16-02-2018
BEARING NO. DBCM/SINDHUTWA/CR-14/2010-11 PASSED BY THE
RESPONDENT 1 AND 2 PRODUCED AT ANNEXURE-D FILED AN
APPEAL BEFORE THE 3RD RESPONDENT IN HI VA KA E/ MAASHA /
CR-58/2018-19. THE APPELLATE AUTHORITY / RESPONDENT NO. 3
VIDE ORDER DATED 08-05-2019 DISMISSED THE APPEAL BY
CONFIRMING THE ORDER OF RESPONDENT NO. 2 PRODUCED AT
ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY.
-4-
NC: 2025:KHC-D:1134
WP No. 116190 of 2019
C/W WP No. 100571 of 2024
THESE WRIT PETITIONS, COMING ON FOR PRELIMINAR
HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the
following prayer:
In W.P.No.116190/2019:
i) Issue a writ in the nature of certiorari or any
other appropriate writ, order or direction and quash the
order bearing No.DBCM/SINDHUTWA/CR-19/2010-11
dated 19/7/2016 passed by the 2nd respondent produced
at Annexure-E and the order bearing No.
HIVAKAE/MASHA/CR - 58/2017-18 dated 26/5/2018
passed by the 3rd respondent produced at Annexure-U1 in
the interest of justice and equity insofar petition
concerned
ii) Issue a writ i the nature of mandamus or any
other appropriate writ, order or direction to respondents
no.1 and 2 to issue caste validation certificate to the
petitioner holding that she belong to category II-A, in the
interest of justice and equity.
iii) Issue a writ in nature mandamus, direction or
any other appropriate writ to the respondent no.4 to 6 to
NC: 2025:KHC-D:1134
make payment of full salary for the period from april 2010
to April 2013 in the interest of justice and equity.
iv) Grant such other reliefs as deemed fit in the
circumstances of the case in the interest of justice and
equity.
In W.P.No.10571/2024:
i. Issue a writ in the nature of certiorari or any
other appropriate writ, order or direction and quash
the order dated 16-02-2018 bearing No.
DBCM/SINDHUTWA/CR-14/2010-11 passed by the
respondent 1 and 2 produced at Annexure-D filed an
appeal before the 3rd respondent in HI VA KA E/
MAASHA / CR-58/2018-19. The appellate authority /
respondent no. 3 vide order dated 08-05-2019
dismissed the appeal by confirming the order of
respondent no. 2 produced at Annexure-F in the
interest of justice and equity.
ii) Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction to
respondent no. 1 and 2 to issue caste validation
certificate to the petitioner holding that he belong to
category ii a, in the interest of justice and equity.
iii) Grant such other reliefs as deemed fit in the
circumstances of the case and in the interest of
justice and equity.
NC: 2025:KHC-D:1134
.
2. The learned counsel appearing for the petitioner
submits that the issue in the lis stands covered on its fours to
the judgment rendered by the Apex Court in the case of
M.V.Chandrakanth Vs.Sangappa and Others reported in
2022 SCC OnLine SC 934.
3. The Apex Court while considering identical issue has
held as follows:
"9. On or about 7th October 2005, the Karnataka
Public Service Commission (KPSC) published the
provisional list of candidates selected for the Group A and
Group B posts of Probationary Officers. After publication of
the provisional list on 7 th October 2005, KPSC sent the
caste certificate of the Respondent No.1 to the Respondent
No.3 for verification. On 21st October 2005, the
Respondent No.3 issued a certificate validating the caste
certificate submitted by the Respondent No.1.
10. KPSC notified the final list of selected candidates
on 29 th November 2005. The Appellant was selected for
the post of Deputy Superintendent of Police and the
Respondent No.1 was selected for the post of Assistant
Commissioner (Junior Grade Scale). Both the Appellant
and the Respondent No.1 were selected under the
Reserved Category II-A of the Reservation Policy. The
NC: 2025:KHC-D:1134
Respondent No.1 secured 1152 marks and was placed at
Sl. No. 15 in the category of posts of Assistant
Commissioner, whereas the Appellant secured 1151
marks and was placed at Sl. No.6 in the category of posts
of Deputy Superintendent of Police.
11. The Appellant claims that in 2005, he came to
know that the Respondent No.1's father belonged to the
'Lingayat' caste whereas the Respondent No.1 had claimed
the benefit of reservation under Category II-A of the
Reservation Policy claiming that he belonged to the
'Ganiga' caste. The Appellant contends that the 'Lingayat'
caste including the sub-castes thereof fall under Category
III-B with 5% reservation whereas Hindu Ganiga falls
under Category II-A with 15% reservation.
12. The Appellant filed an appeal under Section 4D
of the Karnataka Scheduled Castes, Scheduled Tribes and
Other Backward Classes (Reservation of Appointments,
etc.) Act, 1990, hereinafter referred to as "SC/ST and OBC
Reservation Act" before the Respondent No.2 challenging
the Caste Validity Certificate issued to the Respondent
No.1 by the Respondent No.3. In the said appeal, the
Appellant enclosed the school extract of Government
Higher Primary School, Honnihala, Bagalokote wherein the
caste of the Respondent No.1's father was recorded as
'Hindu Lingayat'.
13. The Appellant alleges that Respondent No.3
issued the Validity Certificate dated 21st October 2005 in
undue haste, with scant regard to the procedure laid down
in Rule 7 of the Karnataka Scheduled Castes, Scheduled
NC: 2025:KHC-D:1134
Tribes and Other Backward Classes (Reservation of
Appointment, etc.) Rules 1992, hereinafter referred to as
"Karnataka SC/ST and OBC Reservation Rules ".
14. By an interim order dated 5th December 2005,
the Respondent No.2 stayed the Validity Certificate issued
to the Respondent No.1 until further orders. Thereafter,
the Respondent No.2 called for the records from the
Respondent No.1. Notices were also issued to the Head
Masters of the concerned schools for production of original
school admission registers pertaining to the Respondent
No.1 and his father.
15. After hearing the parties and perusing the
records, the Respondent No.2 passed an order dated 23 rd
January 2006, concluding that the Respondent No.1
belonged to the 'Hindu Lingayat' caste as he would inherit
the caste of his father. Relying on the school register of
the Respondent No.1's father of the year 1953, his High
School records and the Service Register of DCC Bank
where he (the Respondent No.1's father) had worked as
Supervisor, the Respondent No.2 cancelled the Validity
Certificate. The Respondent No. 2 inferred that the entries
in the school records of the Respondent No.1 had been
made in the year 1982, with a view to obtain the benefit of
reservation."
4. The learned counsel would further submit that
following the aforesaid judgment of the Apex Court, a Division
Bench of this Court closed several proceedings in terms of its
NC: 2025:KHC-D:1134
order dated 12.10.2023. The order passed in Writ Appeal
No.100557/2023 reads as follows:
"4. A perusal of the material on record will indicate
that the complainants-writ petitioners belong to 'Hindu
Sadar' community which comes under Category II-A. The
request of the respective complainants-writ petitioners for
issuance of caste validation certificates having been refused
by the Appellant-State, the complainants-writ petitioners
approached this Court in the instant petitions which were
allowed by this court by vide impugned orders which are
assailed in the writ appeals.
5. A perusal of the impugned order passed by the
learned Single Judge will indicate that reliance is placed by
the learned Single Judge on a judgment of the Hon'ble Apex
Court in the case of M.V. Chandrakanth Vs. Sangappa &
Others, Civil Appeal No.4963/2022, whereby the
Hon'ble Apex Court had directed issuance of caste
validation certificates in favour of similarly/identically
situated persons. So also, in W.P. No.100175/2023, a
learned Single Judge of this Court allowed the petition vide
final order dated 25.01.2023 and directed issuance of caste
validation certificate in favour of the said writ petitioners.
The State preferred an appeal against the said order of the
learned Single Judge and the same was affirmed by the
Division Bench of this Court in W.A. No.100381/2023 dated
12.09.2023. Under these circumstances, having regard to
the earlier judgments of this Court and the Apex Court
referred to supra and other judgments of this Court, we are
of the considered opinion that the learned Single Judge was
- 10 -
NC: 2025:KHC-D:1134
justified in passing the impugned order allowing the writ
petitions and consequently, we do not find any illegality or
infirmity in the order passed by the learned Single Judge
warranting interference by this Court in the present
appeals. Accordingly, we do not find any merit in the
appeals and the same are hereby dismissed.
6. Insofar as the contempt proceedings are
concerned, the learned Additional Government Advocate
submits that the caste validation certificates would be
issued in favour of the respective complainants-writ
petitioners and the same would also be
intimated/informed/forwarded to the Appointing Authority
within a period of five weeks from today. Submission is
placed on record.
7. The appellants-State, who are also arrayed as
accused in the contempt proceedings are hereby directed to
issue the caste validation certificates and also
forward/intimate the same to the Appointing authority and
the complainant-writ petitioners within a period of five
weeks so as to enable the complainants-writ petitioners to
obtain appointment to the respective posts.
8. Under these circumstances, the contempt
proceedings are also hereby closed reserving liberty in
favour of the complainants-writ petitioners to seek
reopening of the contempt proceedings and/or file fresh
contempt proceedings, if the occasion so arises."
5. The learned AGA Sri.Sharad A. Magdum would
however seek to distinguish those orders passed by the Apex
- 11 -
NC: 2025:KHC-D:1134
Court or that of the Division Bench on the score that the
declaration of synonyms could not have been made. The
submission is only to be rejected in the light of the fact that the
Apex Court so considered and the Division Bench so followed
the judgment of the Apex Court.
6. In that light, petition deserves to succeed. For the
aforesaid reasons, the following:
ORDER
i. Petitions are allowed.
ii. The impugned order in W.P.No.116190/2019 dated
19.07.2016 passed by the 2nd respondent produced at
Annexure-E and the order dated 26.05.2018 passed by
the 3rd respondent produced at Annexure-U1 and the
impugned order in W.P.No.100571/2024 dated
16.02.2018 passed by the respondent Nos.1 and 2
produced at Annexure-D, stand quashed.
iii. The petitioner becomes entitled for all
consequential benefit that arose from the
quashment of the order.
Sd/-
(M.NAGAPRASANNA)
JUDGE
KGK/CT-ASC
