Karnataka High Court
Kum Jayashree Govera vs The Tahsildar on 29 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:8428
WP No. 9561 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 9561 OF 2023 (GM-CC)
BETWEEN:
KUM JAYASHREE GOVERA
D/O DEVENDRAPPA G V
AGED ABOUT 23 YEARS
R/O NO.209, SHREE SAI RAM NILAYA
1ST CROSS, SRI KRISHNA LAYOUT
JAGALUR, JAGALUR TALUK-577 528
DAVANAGERE DISTRICT
...PETITIONER
(BY SRI. VIJAYAKUMAR KO., ADVOCATE)
AND:
THE TAHSILDAR
JAGALUR TALUK
Digitally signed by JAGALUR-577 528
NAGAVENI JAGALUR TALUK
Location: HIGH DAVANAGERE DISTRICT
COURT OF
KARNATAKA ...RESPONDENT
(BY SRI. RAHUL CARIAPPA K.S., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CASTE
CERTIFICATE BEARING NO.RD0038612151608 DTD 16.09.2020
ISSUED BY THE RESPONDENT VIDE ANNX-H AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:8428
WP No. 9561 of 2023
ORDER
The petitioner is before this Court calling in question an order dated 16.09.2020 passed by the Tahsildar rejecting the claim for issuance of a caste certificate of the petitioner depicting her belonging to Ganiga caste.
2. Heard the learned counsel Sri.Vijayakumar KO., appearing for the petitioner and the learned AGA Sri.Rahul Cariappa K.S., appearing for the respondent.
3. The petitioner claims to have secured a caste certificate belonging to Ganiga caste and completed her entire studies right from schooling to MBBS. It is an admitted fact that the petitioner has completed all her studies only on the strength of her depicting to be belonging to Ganiga caste. When the validity of caste certificate so issued between 2015-2020 was to expire, the petitioner applies for issuance of a fresh caste certificate before the Tahsildar depicting her to be belonging to Ganiga caste. This comes to be rejected by the Tahsildar on the ground that the petitioner belongs to Lingayat Community and not Ganiga caste. It is this -3- NC: 2024:KHC:8428 WP No. 9561 of 2023 order of the Tahsildar that has driven the petitioner to this Court in the subject petition.
4. Learned counsel Sri.Ko.Vijayakumar, appearing for the petitioner submits that he has plethora of documents to demonstrate that the petitioner belongs to Ganiga caste. The Tahsildar has passed an order without looking into anything and if an opportunity had been granted, all the documents would have been placed before the Tahsildar and seeks for an opportunity to place all the documents before the Tahsildar and the Tahsildar considering the same in accordance with law.
5. The learned Additional Government Advocate Sri.Rahul Cariappa K.S., would vehemently refute the submissions to contend that the petitioner has a statutory alternative remedy of filing an appeal against the order of rejection of the Tahsildar and therefore, this Court should not entertain the petition, as admittedly the petitioner does not belong to the caste that she is claiming to be one belonging to. The learned AGA would seek dismissal of the petition.
6. Learned counsel for the petitioner would further place reliance upon the judgment rendered by the learned -4- NC: 2024:KHC:8428 WP No. 9561 of 2023 Single Judge of this Court in W.P.No.8849/2006 disposed on 13.07.2006, to contend that the petitioner therein is a relative of the present petitioner, who also claims to be a Ganiga caste. It is the submission that pursuant to the order passed by this Court, the petitioner therein has been granted all the benefits and he only seeks an opportunity to be provided before the Tahasildar to prove his case with regard to the claim of the caste.
7. I have given my anxious consideration to the contentions of respective learned counsel and have perused the material on record.
8. The afore-narrated facts are not in dispute. What is driven the petitioner to this Court is what is narrated hereinabove. The petitioner claims to have completed the education in its entirety right from Ist standard to MBBS claiming to be a Ganiga caste. It is now projected that the petitioner's caste is Lingayat and not the Ganiga caste. The petitioner appends several documents of certificates, all of which will have to be now looked into by the Tahsildar and consider the same, to pass necessary orders either accepting or -5- NC: 2024:KHC:8428 WP No. 9561 of 2023 rejecting the same. It is made clear that the Tahsildar shall look into all the records and the law relating to grant of caste certificate and only then pass orders granting the caste certificate or rejecting the same. It is needless to observe that the order shall bear application of mind.
9. For all the aforesaid reasons, the following:
ORDER
i) The writ petition is allowed.
ii) The caste certificate dated 16.09.2020 stands quashed
iii) The matter is remitted back to the hands of the Tahsildar to reconsider the case of the petitioner, strictly in consonance with law, bearing in mind the observations made during the course of the order.
Ordered accordingly.
Sd/-
JUDGE KG List No.: 1 Sl No.: 22