Karnataka High Court

Ashok S/O. Halappa Mudallavar vs The Director on 4 September, 2025

Author: S.R. Krishna Kumar

Bench: S.R. Krishna Kumar

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                                                          WP No. 61864 of 2012


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                       IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
                        DATED THIS THE 4TH DAY OF SEPTEMBER, 2025
                                            BEFORE
                        THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
                            WRIT PETITION NO. 61864 OF 2012 (S-RES)

                       BETWEEN:

                       ASHOK S/O. HALAPPA MUDALLAVAR
                       AGE: 29 YEARS, OCC: NOW WORKING AS
                       JUNIOR LAB. TECHNICIAN IN
                       KARNATAKA INSTITUTE OF
                       MEDICAL SCIENCES (KIMS), HUBLI,
                       R/O. KALVIHALLI, TQ: HIREKERUR,
                       DIST: HAVERI.
                                                                   ...PETITIONER
                       (BY SRI. F.V.PATIL, ADVOCATE)

                       AND:

                       1.    THE DIRECTOR
                             KARNATAKA INSITUTE OF MEDICAL SCIENCES,
                             HUBLI, TQ: HUBLI, DIST: DHARWAD.
SAMREEN
AYUB                   2.  THE CHIEF ADMINISTRATIVE OFFICER/
DESHNUR                    FINANCE ADVISOR, ATTACHED TO KARNATAKA
Digitally signed by
SAMREEN AYUB
                           INSTITUTE OF MEDICAL SCIENCES, HUBLI,
DESHNUR
Location: HIGH COURT
                           TQ: HUBLI, DIST: DHARWAD.
OF KARNATAKA
DHARWAD BENCH                                                    ...RESPONDENTS
                       (BY SRI. H.R.GUNDAPPA, ADVOCATE)

                            THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
                        227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
                        WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
                        RESPONDENT NO.1 AND 2 TO RELEASE THE SALARY OF THE
                        PETITIONER  PURSUANT     TO    THE  APPLICATION   VIDE
                        ANNEXURE-G FROM 01.04.2010 AND CONTINUE TO PAY THE
                        SALARY, IN THE INTEREST OF JUSTICE AND EQUITY AND
                        ISSUE WRIT IN NATURE OF CERTIORARI, QUASHING THE
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                                           NC: 2025:KHC-D:11371
                                          WP No. 61864 of 2012


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IMPUGNED NOTICE VIDE ANNEXURE D DTD: 23-06-2010
ISSUED BY THE RESPONDENT NO.1 BEARING NO. KIMS: CY
(2):43/2010-11, IN THE INTEREST OF JUSTICE AND EQUITY
AND ISSUE WRIT IN NATURE OF CERTIORARI, QUASHING THE
IMPUGNED ORDER VIDE ANNEXURE E DTD: 30-07-2010
ISSUED BY THE RESPONDENT NO.2 BEARING NO. SAM
KIMS:COLLEGE:CV(2):60/2010-11, IN THE INTEREST OF
JUSTICE AND EQUITY. (CC) ISSUE WRIT IN NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ENDORSEMENT/
ORDER DATED 24.08. 2013 BEARING NO.KIMS/CA3/PO4/2013-
14 ISSUED BY 1ST RESPONDENT VIDE ANNEXURE-J DIRECT
THE RESPONDENTS TO REINSTATE THE PETITIONER WITH
BACKWAGES AND CONTINUE OF SERVICE IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.


     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:

                     ORAL ORDER

(PER: THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR)

In this petition, the petitioner seeks the following reliefs:

A) Issue writ in the nature of mandamus directing the Respondent No.1 and 2 to release the salary of the Petitioner pursuant to the application vide Annexure-

G from 01-04-2010 and continue to pay the salary, in the interest of justice and equity.

B) Issue Writ in nature of certiorari, quashing the impugned notice vide ANNEXURE D dtd: 23-06-2010 issued by the Respondent No.1 bearing No. KIMS: CY (2):43/2010-11, in the interest of justice and equity.

C) Issue Writ in nature of certiorari, quashing the impugned order vide ANNEXURE E dtd: 30-07-2010 issued by the Respondent No.2 bearing No. SAM KIMS:COLLEGE:CV(2):60/2010-11, in the interest of justice and equity.

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(cc) Issue Writ in nature of certiorari, quashing the impugned endorsement/order dated 24.08. 2013 bearing No.KIMS/CA3/PO4/2013-14 issued by 1st respondent vide Annexure-J direct the respondents to reinstate the petitioner with backwages and continue of service in the interest of justice and equity.

D) Issue appropriate writ or directions or such other suitable order/s as this Hon'ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.

2. Heard the learned counsel for the petitioner and the

learned counsel for the respondents, and perused the material

on record.

3. A perusal of the material on record will indicate that

on 13.02.2003, the jurisdictional Tahasildar issued a caste

certificate in favour of the petitioner classifying him as belonging

to 'Sadar' community which comes under Category-IIA.

Subsequently, the petitioner applied to the post of Lab

Technician under Category-IIA and was selected to the said post,

and has been working from 24.04.2009 onwards. Subsequently,

the respondents issued a notice dated 23.06.2010 (Annexure-D)

to the petitioner calling upon him to produce the caste validation

certificate on or before 15.07.2010 failing which the petitioner

would be terminated from service. Since the petitioner did not

submit any reply, respondent No.1 issued one more

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notice/endorsement dated 30.07.2010 (Annexure-E) extending

the time for the petitioner to produce the caste validation

certificate upto 10.08.2010. In reply thereto, the petitioner

submitted a representation at Annexure-G dated 08.12.2011

inter alia informing the respondents that the caste validation

certificate would be issued in his favour after disposal of the

pending Writ Appeal No.6500/2010 before this Court in relation

to identically/similarly situated persons and the authority had

given an endorsement to the petitioner that the caste validation

certificate would be issued in his favour after disposal of W.A.

No.6500/2010. The petitioner also informed the respondents that

subsequent to disposal of the aforesaid W.A. No.6500/2010 and

issuance of caste validation certificate in his favour, the

petitioner would produce the same before the respondents and

till then, the respondents were requested not to proceed further

with the matter. Since the respondent purported to proceed

further against the petitioner and also did not pay salary to the

petitioner, he has approached this Court by way of the present

petition.

4. During the pendency of the present writ petition,

which was preferred on 05.03.2012, the respondents issued the

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impugned endorsement at Annexure-J dated 20.08.2013

purporting to terminate the petitioner from service and

accordingly, the petitioner got the petition amended and has

challenged the impugned endorsement/order and also for a

direction to the respondents to reintstate the petitioner together

with backwages and continuity of service.

5. Meanwhile, the application filed by the petitioner for

issuance of caste validation certificate was rejected by the

District Caste Validation Committee vide order dated 19.07.2016.

The said order was challenged by the petitioner and another

identically situated person i.e. Kalingappa in W.P.

No.116190/2019 C/w W.P. No.100571/2024 respectively. By

final order dated 20.01.2025, a Co-ordinate Bench of this Court

allowed both the petitions filed by the petitioner and the

aforesaid Kalingappa and quashed the aforesaid order dated

26.05.2018 passed by the District Caste Verification Committee

and consequently, held the petitioner would be entitled to all

consequential benefits flowing from quahsment of the said order

and in vour of the petitioner. The said order dated 20.01.2025

passed in W.P. No.116190/2019 is as under:

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"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 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

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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.

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 29th 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 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

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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 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

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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 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

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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 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 Court or that of the Division Bench on the score that the declaration of synonyms could not have been made. The

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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."

6. It is a matter on record and an undisputed fact that

the aforesaid order dated 20.01.2025 has attained finality and

become conclusive and binding upon the parties. In pursuance of

the aforesaid order passed by the Co-ordinate Bench, the

respondents therein, including the District Caste Validation

Committee, has issued a caste verification certificate in favour of

the petitioner on 04.06.2025 which confirms that the petitioner

belongs to Category-IIA. Under these circumstances, I am of the

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view that the impugned proceedings initiated by the respondents

as well as the impugned order passed by the respondents

purporting to terminate the petitioner from service deserve to be

set aside. Accordingly, in view of the subsequent events, which

have transpired during the pendency of the present petition, in

particular, the order dated 20.01.2025 passed by the Co-

ordinate Bench of this Court and issuance of caste validation

certificate in favour of the petitioner, which confirms and affirms

and recognizes that the petitioner belongs to Category-IIA and

was accordingly entitled to be appointed as a Lab Technician, the

impugned endorsement, notice and the order deserve to be

quashed.

7. In the result, I pass the following:

ORDER

i) The writ petition is hereby allowed. Annexures-D, E and

J are hereby quashed.

ii) The respondents are directed to reinstate the petitioner

back into service together with all consequential

benefits, salary, arrears of salary etc. arising from the