Bangalore District Court
Master Devaraj M vs State Of Karnataka on 23 March, 2015
IN THE COURT OF THE XI ADDL.CITY CIVIL JUDGE,
BANGALORE (C.C.H.No.8)
Dated this the 23rd day of March 2015.
PRESENT: SRI.S.V.Kulkarni, B.Com., LLB(Spl).
XI Addl.City Civil Judge, B'lore city.
O.S.No. 5563/2013
Plaintiff 1 Master Devaraj M.,
S/o Late Sri. Mallesh,
Aged about 14 years,
Minor represented by his mother and
natural guardian Smt. Neelamma.
2. Smt. Neelamma,
W/o Late Sri. Mallesh,
Aged about 46 years.
Both residing at No.630/52,
Santhoshnagar, Attur Extension,
Yelahanka Hobli,
Bangalore-560 0064.
(By M/s Eqitas Legal, Advocate)
: Vs :
Defendant: 1 State of Karnataka,
Represented by the Secretary to
Government Education Department,
Vidhana Soudha.
2 The Deputy Director-Public Instructions
Bangalore North District,
K.G.Rroad, Near Shikshakara Bhavan,
Opposite to Cauvery Bhavan, Bangalore.
2 O.S.No.5563/2013
3 The Head Master,
Government Kannada Lower Primary
School,
Vishwanatha Nagenahalli,
R.T.Nagar Post,
Bengaluru-32.
4 The Head Master,
Government Kannada Higher Primary
School, Govindapura Arabic College
Post, Bengaluru-45.
5 Government High School,
Saidapur,
Yadgir Taluk & District,
Represented by its Head Master,
(Defendant No.5 impleaded as per order
dated: 23/08/2014.
D1,2 and 4: Exparte.
D3 by H.M.
D5 In person.
Date of the institution of suit : 31.07.2013
Nature of the suit : Declaration and Injunction
Date of the commencement of
recording of the evidence : 3.04.2014
Date on which the judgment
was pronounced : 23.03.2015
Total duration: Year/s Month/s Day/s
01 07 22
XI ADDL.CITY CIVIL JUDGE,
BANGALORE.
3 O.S.No.5563/2013
JUDGMENT
This is the suit filed by the 2nd plaintiff on behalf of 1st plaintiff, who is minor for the relief of declaration in respect of the caste of the minor plaintiff and also consequential relief of mandatory injunction against defendant No.3 to 5 for rectification of the caste of the minor plaintiff No.1 in respect of his school records and cost of the suit.
2. The case of the plaintiff briefly stated as follows:-
The 2nd plaintiff is the legally wedded wife of one Mr. Mallesh, wherein plaintiff No.2 and deceased Mallesh along with their minor son plaintiff No.1 were residing at Hirenoor (Anoor B) village, Yadgir Taluk, Yadigir District, Karnataka and out of the wed-lock between the 2nd plaintiff and her husband late Mallesh, a daughter and a son were born to them and plaintiff No.1 3was born on 23.12.1999 and plaintiff No2. further stated that herself and her husband late Mallesh along with minor plaintiff No.1 came to Bangalore within 5 months from the date of birth of 1st plaintiff in search of a livelihood and they continued to stay in Bangalore by working as daily wage labourers, wherein 2nd plaintiff and her husband Mallesh were residing at No.630/52, Santhoshnagar, Attur Extension, Yelahanka 4 O.S.No.5563/2013 Hobli, Bangalore-64. The plaintiffs are currently residing at the same address. Plaintiff No.2 further stated that her husband late Mallesh expired on 13.6.2013, wherein the 1st plaintiff belongs to caste namely "Holeya" a Scheduled Caste notified in part VII of the Constitution ( Scheduled Caste) Order, 1950, of part III of the Rules and Orders under the Constitution of India, wherein the 1st plaintiff was studying at Bangalore in the school run by defendant 3 and 4 and the financial and economic conditions of the parents of the 1st plaintiff was not sound, wherein they are daily wage workers and did not have means to provide education to their minor son i.e., 1st plaintiff while things stood thus and about 7 years ago a social worker approached the 2nd plaintiff and her late husband Mallesh and informed them that they could educate the 1st plaintiff free of cost in a Government school and they would provide free food and residence and also free education to 1st plaintiff including food, shelter and 1st plaintiff was taken care in the hostel run by a Christian missionary institution, wherein 2nd plaintiff and her husband wanted their only son to have good education and proper nutrition, which they were unable to provide at that point of time due to their poverty and accordingly, 2nd plaintiff and her husband Mallesh willingly agreed to send the 1st plaintiff to school, wherein 1st plaintiff was admitted to Government Kannada Lower Primary School at Vishwanatha Nagenahalli, R.T.Nagar Post, Bangalore-32, in which school, 1st plaintiff was studied 1st standard to 5th standard and said 5 O.S.No.5563/2013 social worker got 1st plaintiff admitted in a hostel known as "Living Hope Children's Home" at Veerannanapalya, Bangalore-45, which was run by a Christian missionary Organisation. The copy of the Health Inspection report reflecting the fact that 1st plaintiff was studying at Government Kannada Lower Primary School at Viswanatha Bagenahalli, R.T.Ngar post, Bangalore-32. After passing of 5th standard, the 1st plaintiff Master Devaraja was admitted in Government Kannada Higher Primary School at Govindapura, Arabic College Post, Bangalore-45, wherein he studied 6th and 7th standard and plaintiff No.2 has produced the progress report of 1st plaintiff in the academic year 2012- 2013 of Master Devaraj issued by the Government of Karnataka . The 2nd plaintiff, who wants to go back to her home town i.e., Hirenooru (Anoor B) village, Yadgir Taluk, Yadgir District and she wanted to take the 1st plaintiff to live with her and she applied for transfer certificate from 4th defendant so that she could admit him in a school in her village for 8th standard. Plaintiff No.1 continued his studies has god admitted to 8th standard at Government High School at Saidapur village, Yadgir Tq., Yadgir District by plaintiff No.2 after obtaining transfer certificate issued by defendant No.4, wherein the 1st plaintiff has assigned with Register No.117/2013-14, wherein the Government High School, Saidapur has erroneously recorded the caste of the 1st plaintiff as "Christian" while the plaintiff belongs to scheduled caste known as "Holeya" and 2nd plaintiff made 6 O.S.No.5563/2013 request to the defendant No.3 and 4, wherein defendants who in turn informed the plaintiffs regarding circular dated 2.5.2000 vide Ref. No.aa5(1):: TD(1) Sha. Shihe.caste 23/89-90 issued by the Commissioner, Education Department, Bangalore and circular dated 20.8.2009 vide Ref.No.ED 32:DTB issued by the Under Secretary, Government of Karnataka, wherein in respect of change of caste mentioned in the transfer certificate or any other school records can be made only upon obtaining an order from the competent civil court and in view of circular issued on 2.5.2000. Hence 2nd plaintiff submits that her minor son plaintiff No.1 currently residing with her and he got admitted to High School under defendant No.5 and she was not aware of the error crept in respect of caste of her son and she came to know about the said mistake crept in the school records in respect of caste of her son 1st plaintiff, when she obtained transfer certificate issued by 4th defendant and thereafter she approached the concerned educational institution i.e., defendant No.3 to 5, but defendant No3. to 5 have not conceded the request of the 2nd plaintiff and accordingly, plaintiff No.2 has filed this suit against defendants seeking the relief of declaration and for consequential relief of mandatory injunction alleging cause of action arose on 7.6.2013 when 4th defendant had issued transfer certificate and in which the caste of the minor plaintiff reflected as "Christ" and "Christian" as opposed of Scheduled Caste "Holeya". Hence, plaintiff No.2 alleging 7 O.S.No.5563/2013 these averments in her plaint filed the suit for declaration and injunction.
3. After institution of the suit, the suit summons was issued to the defendants, wherein the suit was filed against defendant No1. to 4 and subsequently the plaintiff got impleaded defendant No.5 in the above suit and subsequently defendant No.5 in pursuance of the interim application filed for impleading, wherein defendant No.5 has been added in the suit and defendant No.5 appeared in person and filed his written say and accordingly, this court allowed interim application filed under Order 1 Rule 10 CPC and defendant No.5 has been impleaded as necessary party in this case.
Defendant No.5 appeared in person and filed his written submission on 25.9.2014 stating that he is working as Head Master of Government High School at Saidapur, Yadgir District and from the written submission filed by defendant No.5, it reveals that 1st plaintiff was being admitted to defendant No.5 institution and now he is studying in 9th standard, wherein 1st plaintiff had made request for change of his caste with accordance to his transfer certificate issued before his join to this school from Government Kannada Higher Primary School, Govindapura, Arabic College post, Bangalore-45, wherein 1st plaintiff along with plaintiff No.2 requested defendant No.5 to change the caste of minor plaintiff by deleting existing caste and to enter upon the caste of minor plaintiff as Scheduled caste "Holeya", 8 O.S.No.5563/2013 defendant No.5 in his written admission stated that the school authority has no power to amend or delete or to enter upon the caste of pupil unless there is court order, wherein the defendant No.5 in his written submission stated that if court directs to change the caste of the minor plaintiff is bound by the court orders in respect of change of caste and as such, defendant No.5 in his written submission filed on 25.9.2014 stated that he has no authority or power to change the school records in respect of 1st plaintiff about his caste. Accordingly, the written submission given by defendant No.5 i.e., Head Master, Government High School, Saidapura is treated as written statement in this case.
4. On the basis of the pleadings and the written submissions made by defendant No.5, wherein this matter was pending before CCH No.41, wherein the P.O attached to CCH No.41 has framed the following Issues on 11.11.2014:-
1. Whether plaintiff proves that first plaintiff belongs to "Schedule Caste(Holeya)" of Hindu religion and not to Christian religion?
2. Whether plaintiffs further prove that the caste of the first plaintiff is erroneously recorded as Christian in his school records as alleged?
3. Whether plaintiffs are entitled for the relief sought for?
4. What order or decree?9 O.S.No.5563/2013
5. Though defendant No.3 appeared in this case, but defendant No.3 not filed any written statement and defendant No.5 Head Master, Government High School appeared and filed his written submission stating that the 1st plaintiff had obtained transfer certificate from defendant No.3 and 4 institution and got admitted to Government High School for 8th standard and on the basis of the caste mentioned in T.C, the educational records of 1st plaintiff were continued with the caste mentioned in the school records.
6. In order to prove the above issues plaintiff No.2 is examined as PW-1 and in her oral evidence documents Ex.P1 to Ex.P.6 are came to be marked and defendant side evidence taken as "Nil" and thereafter this matter was posted for arguments.
7. The suit initially filed before CCH No.41 and the suit transferred to this court by Notification dated 1.12.2014 and accordingly, the suit was proceeded by the parties before this court, wherein the counsel for the plaintiff submitted arguments in support of the case pleaded on behalf of plaintiff and whereas defendant No.1, 2 and 4 remained exparte and defendant No.3 appeared, but not filed any written statement and only defendant No.5 appeared in person and filed his written submission on 25.9.2014 and the same is treated as written statement of defendant No.5.10 O.S.No.5563/2013
8. After hearing the arguments of both sides and on perusal of the pleadings and on appreciation of evidence of P.W.1 (plaintiff No.2) and by perusal of documents Ex.P.1 to P.6 and considering the arguments of counsel for plaintiff, I answer the above issues are as follows:-
Issue No.1 & 2: In affirmative
Issue No.3: Plaintiff is entitled for the relief of
declaration and consequential
relief of mandatory injunction;
Issue No.4: The suit filed by the plaintiff No2.
representing her son, who is
minor deserves to be decreed
against defendant No.1 to 5 for
the following reasons:-
REASONS
9.Issues No.1 and 2 : It is the specific case of the
plaintiff that 2nd plaintiff had married to one Mallesh and they belongs to residents of Hirenoor (Anoor B) village, Yadgir Tq and Yadgir District and 1st plaintiff and a daughter were born to them out of their wed-lock, wherein 2nd plaintiff along with her husband and the 1st plaintiff, who was minor, they shifted their residence from Hirenoor (Anoor B) village and came over to Bangalore for livelihood and they are residing at Santhosh Nagar, wherein plaintiff No.2, who is examined as P.W.1 and 11 O.S.No.5563/2013 she deposed in her evidence that 1st plaintiff was residing with them and herself and her husband came over to Bangalore for livelihood and they were taking out livelihood by doing daily wages work and they got admitted their son in the school run by defendant No.3 and 4 and due to poverty faced by plaintiff No.2 and her husband, wherein a social worker has approached plaintiff No.2 and her husband and he assured of admitting the 1st plaintiff to a residential school and also to provide free boarding and education run by Christian missionary institute, wherein 1st plaintiff was studied from 1st standard to 5th standard in Government Kannada Lower Primary School at Viswanatha Nagenahalli, Bangalore and thereafter he studied 6th and 7th standard and subsequently 2nd plaintiff lost her husband, who died on 13.6.2013 and thereafter, she intended to shift from Bangalore to her native village i.e., Hirenoor (Anoor B) village, Yadgir Tq., and Yadgir District and she decided to educate the minor son/1st plaintiff in the nearby institution of her native village and she applied for T.C to defendant No.45, wherein defendant No.4 issued T.C and plaintiff No.2 came to know that the caste of minor plaintiff recorded as "Christian" in the T.C and the real caste of the minor plaintiff comes under the Scheduled Caste Classification known as "Holeya", but there is wrong entry appearing in the T.C issued by defendant No.4 and on that basis, defendant N.5 got admitted the 1st plaintiff to their institution, wherein 1st plaintiff was got admitted to 8th standard in the High School run by defendant No.5 at 12 O.S.No.5563/2013 Saidapur, Yadgir Tq and Yadgir District and hence, 2nd plaintiff deposed in her evidence reiterating the facts as stated in the pleadings and hence, plaintiff No.2 has prayed for change of caste of minor plaintiff from existing caste to that of "Holeya" as Scheduled Caste which comes under Classification as per the Government of Karnataka notification and hence, P.W.1 in her deposition deposed corroborative evidence reproducing the plaint averments as pleaded in the suit and P.W.1 got marked the following documents in her oral evidence, they are Ex.P.1 is the death certificate of the father of 1st plaintiff and husband of 2nd plaintiff, who died on 13.6.2013 at Hirenoor (Anoor B) village, Yadgir District, Ex.P.2 is the caste certificate issued by Tahasildar, Yadgir Taluk in respect of minor plaintiff No.1 and Ex.P.3 is the caste certificate issued by Tahasildar, Yadgir District in respect of 2nd plaintiff, wherein the Tahasildar of Yadgir has certified the caste of plaintiff No.1 and 2 belongs to "Holeya" which comes under Scheduled Caste and Scheduled Tribe as per the Government of Karnataka notification and these two certificates are issued on 20.9.2013 and on 3.10.2013 respectively, Ex.P.4 is the health inspection record under scheme launched by the Government known as "Suvarna Arogya Chaitanya" issued by Living Hope Church situated at Cauveri Nagara, Bangalore, wherein the minor plaintiff was admitted in that institution and his date of birth entered in Ex.P.4 reveals on 23.12.1999 and Ex.P.5 is the progress record of 1st plaintiff for the educational academic year 2012-2013, wherein from perusal of these 13 O.S.No.5563/2013 documents, it shows that minor 1st plaintiff was residing in Living Hope/ Children Home, Veerannapalaya, Bangalore -4.
Plaintiff No.2 also produced the xerox copy of T.C, which is attested by the Medical Officer, Primary Health Center, wherein the 1st plaintiff had left the school of defendant No.3 and 4 and obtained this T.C on 7.6.2013 and in this T.C, the caste of the minor plaintiff recorded as "Christ" and in the caste column, it is mentioned as "Christian" and there is no mention regarding sub caste in Column No.13 and 1st plaintiff had left defendant No.4 school after passing 7th standard examination on 10.4.2013 and plaintiff No.2 obtained T.C on 7.6.2013 and now plaintiff No.02 relying upon these documents, particularly Ex.P.2 and P.3 the two caste certificates issued by Tahasildar, Yadgir has prayed for change of caste in respect of 1st plaintiff in the concerned school records by grant of mandatory injunction against defendants to rectify the caste in the concerned school records. The 2nd plaintiff also produced the extract of admission register for the year 2013-2014 issued by defendant No.5, wherein the minor plaintiff No.1 got admitted to defendant No.5 Higher Secondary School under admission No.117 for academic year 2013-2014 and date of birth of 1st plaintiff is recorded as 23.12.1999 and in this Ex.P.6, it is mentioned that 1st plaintiff was admitted to defendant No.5 school and on the basis of the information available in T.C on 7.6.2013, wherein the caste in the admission register of minor plaintiff is shown as "Christian" on the basis of T.C issued by the Government Higher Primary 14 O.S.No.5563/2013 School, Govindapura , Arabic college post, Bangalore North. Hence, defendant No.5 filed his written submissions and according to defendant No.5, he has no authority to change the caste of minor plaintiff. However, defendant No.5 made clear in his written submissions filed in this suit stating that he will abide by the directions to be issued by this court for effecting change of caste of minor plaintiff and other than that he has no authority to make a rectification in respect of caste of plaintiff No.1. Hence, from considering the evidence of P.W.1, wherein plaintiff No.2 has lost her husband and they came over to Bangalore for taking out their livelihood and stayed for some years at Bangalore in Santhosh Nagar and plaintiff No.2 and her husband desire to give education to 1st plaintiff and due to poverty faced by the plaintiff No.2 and her husband Mallesh, they got admitted 1st plaintiff to a residential boarding run by Christian missionary known as "Living Hope Children Home"
situated at Cauvery Nagar, Bangalore and they got admitted 1st plaintiff by recording the caste as "Christian" , but as per the certificate issued by the competent authority i.e., Tahasildar, Yadgir Taluk, wherein as per Ex.P.2 and P.3, the Tahasildar certified the caste of plaintiff No.1 and 2, who comes under category of Scheduled Caste known as "Holeya" and since 1st plaintiff is a student, who is minor and plaintiff No.2 being illiterate women residing in rustic village of Yadgir district i.e., Hirenoor (Anoor B) village, now she has realized that mistake in caste belongs to her minor son and that mistake has to be rectified for the welfare of her son, who is 15 O.S.No.5563/2013 studying in 9th standard. Accordingly, the plaintiff No.2 approached the civil court by filing declaratory suit seeking for declaration relief in respect of caste of the minor plaintiff and hence, there is no strong contest by defendant No.1 to 5 and in view of existing Government circulars, wherein the Head Master of concerned school have no authority to rectify the caste of the students unless there is decree issued by the competent civil court to change the existing caste and in this particular case, plaintiff No.2 has produced Ex.P.2 and P.3, wherein under Government of Karnataka, the Tahasildar of concerned taluk is competent to issue caste certificates after making local enquiry and also under the powers vested by him to declare caste of the particular person and as such, Ex.P.2 and P.3 are the documents which are to be relied upon in order to grant declaration relief and since 1st plaintiff who is minor, wherein he studying now in 9th standard under defendant No.5 and if the caste as mentioned in the school records now existing is not ordered to be rectified then the 1st plaintiff will suffer hardship and injury as the caste of the minor plaintiff would continue in the further educational records and hence, the suit brought by the plaintiff No.2 appears to be genuine representing her minor son and hence, 2nd plaintiff has proved that they belongs to scheduled caste known as "Holeya" and they do not belongs to Christian religion by birth and 1st plaintiff caste is mentioned in the records i.e., T.C issued on 7.6.2013 and in the records produced at Ex.P.4 and P.5 are also not on the basis of any 16 O.S.No.5563/2013 information given by parents of 1st plaintiff and as 1st plaintiff was admitted in free boarding at Bangalore at that time, the caste of the minor plaintiff was recorded as "Christian" , but in real, the minor plaintiff belongs to "Holeya" caste, which comes under Scheduled caste classification and as such, plaintiff No.2 has proved Issue No.1 and 2 as against defendant No.1 to 5 and accordingly, I hold that plaintiffs have proved Issued No.1 and 2 and accordingly, Issue No.1 and 2 are answered in affirmative.
10. Issue No.3:- In view of my findings on Issue No.1 and 2, the plaintiffs are entitled for the relief sought for in this suit against defendant No.1 to 5 and hence, Issue No.3 is answered in affirmative.
11. Point No.4: In view of my findings submitted on Issues No.1 to 3, the suit filed on behalf of minor plaintiff by plaintiff No.2 deserves to be decreed against defendant No.1 to
5. Hence, I proceed to pass the following.
ORDER The suit filed by the plaintiffs is decreed without any order as to costs.
It is further ordered and declared that 1st plaintiff belongs to Scheduled caste "Holeya" as per the notification of caste maintained by the Government of Karnataka and 17 O.S.No.5563/2013 plaintiffs are entitled for the mandatory injunction against defendant No.4 and 5, wherein defendant No.4 and 5 are directed to effect change of caste in respect of minor plaintiff by deleting the existing caste (Christian) by substituting the caste as Schedule caste "Holeya" in the concerned school records in respect of minor plaintiff No.1.
Draw decree accordingly.
{Dictated to the Judgment-Writer transcribed by her, corrected and then pronounced by me in open court this the 23rd day of March 2015.} (S.V.KULKARNI) XI ADDL.CITY CIVIL JUDGE BANGALORE CITY.
ANNEXUERE List of witnesses examined for plaintiff:-
PW.1 Neelamma List of documents exhibited for plaintiff:-
Ex.P.1 Death certificate of the father of 1st plaintiff and husband of 2nd plaintiff, who died on 13.6.2013 at Hirenoor (Anoor B) village, Yadgir District Ex.P.2 Caste certificate issued by Tahasildar, Yadgir Taluk in respect of minor plaintiff No.1 18 O.S.No.5563/2013 Ex.P.3 Caste certificate issued by Tahasildar, Yadgir District in respect of 2nd plaintiff Ex.P.4 Health inspection record under scheme launched by the Government known as "Suvarna Arogya Chaitanya"
Ex.P.5 Progress report of 1st plaintiff for the educational academic year 2012-2013 Ex.P.6 Admission register extract.
List of witnesses examined and documents exhibited for defendant/s:
..Nil..
XI ADDL.CITY CIVIL JUDGE, BANGALORE CITY 19 O.S.No.5563/2013