Citation : 2026 Latest Caselaw 2507 Kant
Judgement Date : 23 March, 2026
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NC: 2026:KHC-K:2557
WP No. 200745 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200745 OF 2026 (GM-CC)
BETWEEN:
SRI. SHARANABASAPPA
S/O CHENDAPPA TALWAR
AGE: 18 YEARS, OCC: STUDENT,
R/O BILAWAR, TQ. YEDRAMI,
DIST. KALABURGI - 585325
...PETITIONER
(BY SRI PRADEEP KUMAR, ADVOCATE)
AND:
Digitally signed by
SWETA KULKARNI 1. THE DEPUTY COMMISSIONER,
Location: HIGH KALABURGI DISTRICT,
COURT OF
KARNATAKA KALABURGI - 585102.
2. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION,
EDUCATION DEPARTMENT,
KALABURGI-585102.
3. THE BLOCK EDUCATION OFFICER,
O/O BLOCK EDUCATION OFFICE,
JEWARGI, TQ. JEWARGI,
DIST. KALABURGI - 585310.
4. THE HEAD MASTER OF
GOVERNMENT HIGH SCHOOL, BILAWAR,
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NC: 2026:KHC-K:2557
WP No. 200745 of 2026
HC-KAR
TQ. YEDRAMI, DIST.
KALABURGI - 585325.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT
OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED
26.12.2025 AT ANNEXURE-D PASSED BY THE RESPONDENT
NO.2 (I.E.) THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION,
EDUCATION DEPARTMENT, KALABURAGI IN ¸ÀASÉå:¹2(5)
¥ÀjÃPÉ/ë «/eÁ/w/»A§gÀº/À 39/2025-26./7522. B) ISSUE A WRIT OF
MANDAMUS DIRECTING RESPONDENT NOS. 2 TO 4 TO
CORRECT THE CASTE NAME OF THE PETITIONER IN HIS
SCHOOL RECORDS AND TRANSFER CERTIFICATE IN
ACCORDANCE WITH THE GOVERNMENT ORDER DATED
20.04.2020 WITHIN A STIPULATED TIME. C) PASS ANY OTHER
APPROPRIATE ORDER OR DIRECTION THAT THIS HON'BLE
COURT DEEMS FIT.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. Heard the learned counsel appearing for the
petitioner and learned AGA for respondent nos.1 to 4.
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2. Petitioner is before this Court in this writ petition
filed under Article 226 of the Constitution of India seeking for
the following reliefs:
"a) Issue a writ of certiorari quashing the impugned
order dated 26.12.2025 at Annexure-D passed by the
Respondent no.2 (i.e.) the Deputy Director of Public
Instruction, Education Department, Kalaburagi in ¸ÀASÉå:¹2(5)
¥ÀjÃPÉ/ë «/eÁ/w/»A§gÀº/À 39/2025-26./7522./39/2025-26./7522.
b) Issue a writ of Mandamus directing respondent
Nos. 2 to 4 to correct the caste name of the petitioner in his
school records and transfer certificate in accordance with the
Government Order dated 20.04.2020 within a stipulated
time.
c) Pass any other appropriate order or direction that
this Hon'ble Court deems fit in the interest of justice and
equity".
3. It is the case of the petitioner that he belongs to
Hindu Talawar community, which is considered as a Scheduled
Tribe and he had made an application through proper channel
for correction of his caste name in his school records from
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Hindu Kabbaliga to Hindu Talawar. The said application was
forwarded by the third respondent to the second respondent
and vide the impugned endorsement dated 26.12.2025, the
second respondent has rejected the prayer of the petitioner on
the ground that he has not produced the school records or the
caste certificate of his relatives to show that he belonged to
Hindu Talawar community and not Hindu kabbaliga community.
4. Perusal of the material on record would go to show
that along with the application at Annexure-B dated 17.01.2025
which was submitted by the petitioner before respondent no.4,
he also had produced his caste certificate and the caste
certificate of his parents. It appears that along with the caste
certificate, he also had filed an affidavit regarding the education
qualification of his parents.
5. In the impugned endorsement at Annexure-D dated
26.12.2025 issued by the second respondent, there is no
reference to the documents, which were submitted by the
petitioner along with his application. It also appears that
respondent no.2 has issued the impugned endorsement without
granting an opportunity of hearing to the petitioner. Under the
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circumstances, I am of the opinion that, if the impugned
endorsement at Annexure-D dated 26.12.2025 is quashed and
the matter is remitted to the respondent no.2, to consider the
request of the petitioner to change his caste name in school
records, after granting an opportunity of being heard, the same
would serve the ends of justice.
6. Accordingly, the following :-
ORDER
i) Writ petition is partly allowed.
ii) The impugned endorsement at Annexure-D
dated 26.12.2025 issued by second respondent
is quashed and the matter is remitted to the
second respondent to consider the application
of the petitioner afresh, after granting him an
opportunity of being heard and also permitting
him to produce additional documents, if any, in
support of his claim.
iii) The said exercise shall be completed by the
respondent no.2 as expeditiously as possible
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but not later than a period of four months from
the date of receipt of copy of this order.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 6 Ct:pk
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