Karnataka High Court
J. Nagendra vs The State Of Karnataka on 20 November, 2012
Bench: Chief Justice, B.V.Nagarathna
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF NOVEMBER 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WRIT PETITION NO.43002/2011 (GM-CC)
BETWEEN
J. NAGENDRA
S/O LATE LACHU NAIK
AGED ABOUT 33 YEARS,
WORKING AS GRAMA PANCHAYATH
SECRETARY GRADE-I
BELVE GRAMA PANCHAYATH
KUNDAPUR TALUK
UDUPI DISTRICT
AND RESIDING AT
'SIXAL HOUSE'
POST & VILLAGE: JADKAL
KUNDAPUR - 576 233
UDUPI DISTRICT ... PETITIONER
(BY SRI M. NARAYANA BHAT, ADV. FOR
M/S SUBBA RAO & CO., ADVS.,)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
SOCIAL WELFARE DEPARTMENT
VIKASA SOUDHA
BANGALORE 560 001.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF RURAL DEVELOPMENT AND
AND PANCHAYAT RAJ
2
M S BUILDING
BANGALORE 560 001.
3. THE DIRECTORATE OF CIVIL RIGHTS
ENFORCEMENT
REPRESENTED BY ADDITIONAL
DIRECTOR GENERAL OF POLICE
DEPARTMENT OF ENFORCEMENT OF
CIVIL RIGHTS
BANGALORE - 560 001.
4. THE DEPUTY COMMISSIONER
UDUPI DISTRICT
UDUPI.
5. DISTRICT SOCIAL WELFARE OFFICER
UDUPI ZILLA PANCHAYATH
UDUPI - 570 001.
6. THE SUPERINTENDENT OF POLICE
DEPARTMENT OF ENFORCEMENT
OF CIVIL RIGHTS
UDUPI DISTRICT, UDUPI - 570 001
7. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF SOCIAL JUSTICE &
EMPOWERMENT
PARLIAMENT BHAVAN
NEW DELHI - 110 001
8. THE CHIEF EXECUTIVE OFFICER
UDUPI ZILLA PANCHAYATH
UDUPI
9. KARNATAKA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY
PARK HOUSE ROAD
BANGALORE - 560 001. ... RESPONDENTS
(BY SRI C. JAGADISH, AGA FOR R1 TO R6,
SRI ANIYAN JOSEPH CGC FOR SRI. AMBAJI RAO
NAJRE CGC FOR R7
SRI REUBEN JACOB & D.P. MAHESH, ADVS. FOR R9)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RECORDS PERTAINING TO THE CASE OF THE
PETITIONER. QUASH THE LETTER DATED 30.12.2010,
ISSUED BY THE 6TH RESPONDENT, MARKED AT
ANNEXURE-R, LETTER DATED 28.7.2011, ISSUED BY THE
4TH RESPONDENT, MARKED AT ANNEXURE-W, LETTER
DATED 29.8.2011, ISSUED BY THE 4TH RESPONDENT
MARKED AT ANNEXURE-W, LETTER DATED 29.8.2011,
ISSUED BY THE 5TH RESPONDENT, MARKED AT
ANNEXURE-Y AND ORDER DATED 26.9.2011 ISSUED BY
THE 7TH RESPONDENT MARKED AT ANNEXURE-Z, AS THE
SAME ARE VIOLATIVE OF ARTICLES 14 AND 21 OF THE
CONSTITUTION OF INDIA AND ALSO ARE VIOLATIVE OF
SECTION 21 OF THE REPRESENTATION OF PEOPLE ACT,
1950 AND SECTION 119 OF THE STATES
REORGANIZATION ACT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE PASSED THE
FOLLOWING ORDER:
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ORDER
VIKRAMAJIT SEN, CJ (ORAL) The facts of the case are that the Father of the Petitioner was born in Kasargod, which at that time was in South Canara, which was part of the erstwhile Madras Province. Consequent upon the re-organization of the States in 1956, three taluks were allotted to the State of Karnataka, which includes Kundapur. It is contended that even the Father of the Petitioner was therefore, not a migrant in the State of Karnataka. So far as the Petitioner is concerned he was born in Jadkal Village Kundapur Taluk, Udupi District in 1978 and he attended the School and resided in a Hostel meant for Scheduled Tribes. His entire Education from First Standard to Tenth Standard was pursued in Kundapur. He also enjoyed the benefits of Scheduled Tribe Certificate throughout his Education period. Thereafter he was appointed as Secretary, Grade I of Belvi Grama Panchayath. After appointment a routine enquiry took place with regard to his Schedule Tribe status in which the stand adopted was that the father of the Petitioner 5 was a migrant. So far as the State of Karnataka is concerned, we have already clarified that even so far as the father of the Petitioner is concerned he had migrated from Kasargod to Kundapur, which place at that relevant time formed part of the same District. He therefore, could not be seen as a migrant. Be that as it may, so far as the Petitioner is concerned he was born in 1978 and educated and living in Kundapur.
2. A similar question had arisen in WP No.24690/2011 (GM-CC) which was decided by our Judgment dated 19.6.2012. We had noted that the decisions in MARRI CHANDRA SHEKAR RAO Vs DEAN, GETH G.S. MEDICAL COLLEGE, reported in 1990 (3) SCC 130 and the Constitution Bench judgment in Action Committee on issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the STATE OF MAHARASHTRA reported in 1994 (5) SCC 244 did not apply to factual matrix similar to the one before us, for the reason the Petitioner in that case was admittedly born and brought up in the State of Karnataka. We had 6 noted that Action Committee clarifies that a migrant cannot claim entitlement to benefits in a State to which he migrates i.e., on the strength of a caste certificate.
3. Learned counsel for the Respondents rightly concedes that the matter is covered on all fours by the afore mentioned decision dated 19.06.2012 in the case of Vijith Kishan Vs. The State of Karnataka.
4. We do not find any merit in the arguments of the learned counsel for the Respondent that because of the difference in spelling in 'Marathi' so far as it appears in the School records of the sister of the Petitioner, the entire matter should be re-looked into, even assuming that the objection pertaining to the migrant status of the Petitioner or his father is assumed in their favour.
5. Keeping in view, the prospective of the Schedule Tribe Certificate that the Petitioner had enjoyed on his being treated as 'Marati', which is undoubtedly 7 Scheduled Tribe in South Canara, Karnataka, we think it is too late, in the day for this question to be raised. In any event, as is well established in law, objections or grounds cannot be added on, as time passes. The objections so far as the Petitioner was concerned pertained only to his migrant status and not to alleged discrepancy in spelling.
6. In these circumstances, the Writ Petition is allowed. A writ of certiorari shall issue quashing Annexure-R letter bearing No. Ja.Vi./23/Na.Ha.Ja.Ni./Mam.Vi.2010, dated 30.12.2010, Annexure-W letter bearing No.M.A.G.CR.Sa.Ka.2011-12, dated 28.7.2011, Annexure-Y a letter bearing No.M.A.G.CR./Sa.Ka./2011-12 dated 29.8.2011 and Annexure-Z an Order bearing No.Ji.Pan/U/Adalitha/Cr/12/2010-11 dated 26.9.2011. The caste certificate is directed to be revalidated within two weeks from today, consequently, the salary of the Petitioner, which has been withheld till 8 date, be also cleared within four weeks from today. Accordingly, I.A.I/2012 for direction is disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE NG*