Bangalore District Court
Kumari.Samskruthi vs ) The State Of Karnataka on 2 June, 2021
Govt.of Karnataka TITLE SHEET FOR JUDGMENT IN SUITS
Form No.9(Civil)
Title Sheet for
Judgment in suits
(R.P.91)
IN THE COURT OF THE VI ADDL. CITY CIVIL & SESSIONS JUDGE
AT BENGALURU CITY
(CCCH.11)
Dated this the 2nd day of June 2021
PRESENT: Sri. Rama Naik, B.Com., LL.B.,
(Name of the Presiding Judge)
O.S.NO.7770/2019
PLAINTIFF KUMARI.SAMSKRUTHI
Aged about 15 years
Since minor reptd.by natural
guardian/mother Smt.Bharathi Devi
Aged about 57 years
R/at 4th Cross, Kamath Layout
Channanayakanahalli
Chikkabidarkallu Main Road
Nagasandra Post, Bengaluru -560 073.
[By Pleader Sri.K.V.Venkatesh]
/Vs/
DEFENDANTS 1) The State of Karnataka
Education Department
Vidhana Soudha
Reptd.by its Secretary
Bengaluru -560 001.
OS.7770/2019
2
2) The Deputy Director of Public
Instructions
Bengaluru North
K.G.Road, Opp. to Cauvery Bhavan
Bengaluru -560 009.
3) The Block Educational Officer
Bengaluru North Division-I
Malleswaram
Bengaluru -560 003.
[By Pleader - Smt.Shantha B. Mullur,
I ADGP]
Date of Institution of the suit : 30.10.2019
Nature of the Suit : Declaration
Date of commencement of recording
of evidence : 03.03.2021
Date on which the Judgment was
pronounced : 02.06.2021
Year/s Month/s Day/s
Total Duration : 01 07 02
(RAMA NAIK)
VI ADDL.CITY CIVIL & SESSIONS JUDGE
BENGALURU CITY
OS.7770/2019
3
JUDGMENT
This suit is filed by Plaintiff to declare her caste as 'Uppara', and to direct the Defendants to correct the same in her school records.
2) In brief, Plaintiff's case is that her parents belong to 'Uppara' caste. Her caste has been wrongly mentioned in Transfer Certificate [TC]. While admitting her to school, her father gave false information that she belongs to 'Lingayatha'.
3) It is stated that her mother's caste is mentioned as 'Uppara' in Transfer Certificate issued by B.Ed. College, Dasarahalli, Bengaluru, and therefore, she belongs to 'Uppara' caste.
4) It is stated that she requested the concerned authority to change her caste as 'Uppara' in place of 'Lingayatha' in her school records. She also made OS.7770/2019 4 request by issuing legal notice dated 15.06.2018 calling upon Defendants to make necessary changes in her school records relating to her caste. Despite the request, Defendants failed to comply with the same. Hence, prays for decree.
5) Summonses issued to Defendants were duly served. Defendants marked appearance through 1st Additional District Government Pleader [1 st ADGP] and filed their written statement.
6) Defendants, in their written statement, state that particulars furnished by the parents of Plaintiff have been entered in school records. There is no mistake on the part of Defendants in entering the caste of Plaintiff in the school records.
7) It is stated that suit is barred by limitation as the same has been filed after a lapse of considerable time.
OS.7770/2019 5
8) It is further stated that suit is liable to be dismissed for non-joinder of necessary parties.
9) It is also stated that this Court has no jurisdiction to try this suit as the Government has formed the 'Caste Verification Committee' to deal with the subject.
10) It is stated that, as per Circular issued by the Commissioner of Education Department, there is no provision to change the caste of student in the school records.
11) It is stated that Plaintiff has no cause of action to file this suit. Hence, pray for dismissal of the suit.
12) Issues that have been framed by this Court are as follows :
1) Whether Plaintiff proves that she belongs to "UPPARA" caste?
OS.7770/2019 6 2) Whether Defendants No.1 to 3 prove that this court has no jurisdiction to declare the case of Plaintiff?
3) Whether Defendants No.1 to 3 prove that the suit is barred by limitation?
4) Whether Defendants No.1 to 3 prove that suit is bad for non-
joinder of necessary and proper parties?
5) Whether Defendants No.1 to 3 prove that Plaintiff has no cause of action to file this suit?
6) Whether Plaintiff is entitled for the reliefs as prayed for?
7) What Order or Decree?
13) Plaintiff's mother, Smt.Bharathi Devi has been examined as PW.1 and Exs.P.1 to P.12 have been marked in support of Plaintiff's case. Defendants have chosen not to lead their evidence.
14) Heard learned Counsel for Plaintiff and learned 1st ADGP for Defendants. Perused the records.
OS.7770/2019 7
15) My findings on the above Issues are :
Issue No.1 - Does not survive for consideration;
Issue No.2 - In Affirmative;
Issue No.3 - Does not survive for consideration;
Issue No.4 - Does not survive for consideration;
Issue No.5 - In Affirmative; Issue No.6 - In Negative;
Issue No.7 - As per final order, for the following :
REASONS
16) Issues No.2, 5 and 6 : Plaintiff's suit is for declaring her caste as 'Uppara', and for directing Defendants to make necessary changes in her school records.
17) Plaintiff's case is that she belongs to 'Uppara' caste. While admitting her to school, her father falsely informed that she belongs to 'Lingayatha'.
OS.7770/2019 8
18) Plaintiff's further case is that her mother belongs to 'Uppara' caste. Transfer Certificate issued by B.Ed College mentions her mother's caste as 'Uppara'.
19) It is also the case of Plaintiff that she made request to school authority to correct her caste in her school records. Even legal notice dated 15.06.2018 was issued calling upon them to correct her caste in her school records. Despite the request made in the notice, Defendants neither complied with the request nor replied.
20) Plaintiff's mother has deposed as PW.1 reiterating the facts stated in the plaint. Documents marked on behalf of Plaintiff are at Exs.P.1 to P.12.
21) Ex.P.1 is office copy of legal notice dated 25.05.2018 issued to Defendant No.3, whereby Plaintiff made a request to change her caste as OS.7770/2019 9 'Uppara'. Exs.P.2 and P.3 are postal receipts for having addressed the notice to Defendants No.2 and 3. Ex.P.4 is acknowledgment for having acknowledged the letter/parcel by Head Master, Jindal Public School. Ex.P.5 is letter dated 04.06.2018 issued by Defendant No.3, whereby counsel for Plaintiff was informed that notice has been sent to Head Master to consider the same.
22) Exs.P.6 and P.11 are copy of aadhaar card of Plaintiff. Ex.P.7 is Transfer Certificate of Plaintiff issued by Head Mistress, 'Sri Aurobindo Vidya Mandir', wherein her caste is mentioned as 'Lingayath'. Ex.P.8 is Transfer Certificate of Plaintiff's mother, 'Smt.Bharathidevi.C.K', wherein, her mother's caste is shown as 'Uppara'. Ex.P.9 is Transfer Certificate of Plaintiff issued by Head Master, 'Jindal Public School', where she studied 7th standard. Ex.P.9 mentions the caste of Plaintiff as 'Lingayaths'. Exs.P.10 and P.12 are birth certificates OS.7770/2019 10 of Plaintiff, wherein the name of Plaintiff is left blank.
23) From the above documents, it can be said that Plaintiff's caste has been mentioned as 'Lingayatha' in her school records. Her mother's caste is 'Uppara' as per her mother's school records. Plaintiff claims the caste of her mother on the basis of her mother's school records. Nevertheless, she discloses her father's caste. Instead, she has contended that her father gave false information to the school authority that she belongs to 'Uppara' caste. From the oral evidence of PW.1, it is clear that Plaintiff intends to keep the caste of her mother, instead of her father. Be that as it may.
24) Defendants' contention is that Plaintiff's suit for declaration of caste is a matter beyond the scope of adjudication. Plaintiff has no cause of OS.7770/2019 11 action to file this suit. Subject matter of the dispute can only be decided by the Caste Verification Committee formed by the Government under law. This Court has no jurisdiction to entertain the suit.
25) Circular No.ED 15 DTB 2016, dated 19.11.2016 issued by Chief Secretary to Government, Primary and Education Department refers various decisions of the Hon'ble Supreme Court and the Hon'ble High Court of Karnataka. It is specifically stated in the Circular that order passed by the Civil Court regarding declaration of caste, shall not be effected and if applicant intends to change his caste in his school records, application shall be filed before the Caste Verification Committee. Relevant para of the Circular reads as follows :
"ಮಮಲನನತತ ಕಕನನನನ ಕತನಮಶವವ ನಮಡರನವ ನರರಷಷ ಅಭಪಕಪಯದನತತ ಜಕತ ಘತನಮಷಣತ ಕನರತನತತ ಸವಲಲ ನಕನಯಕಲಯಗಳನ ನಮಡರನವ/ನಮಡಲಕಗನವ ಆದತಮಶಗಳನನನ ಜಕರಗತನಳಸತಕಕದದಲಲ. ಇನನನ ಮನನದತ ಅರರದಕರರನ ಶಕಲಕ OS.7770/2019 12 ದಕಖಲತಗಳಲಲ ಜಕತ ಬದಲಕವಣತ ಬಯಸದದಲಲ ರಲಕಲ ಜಕತ ಪರಶಮಲನಕ ಸಮತಯ ಮನನದತ ಅರರ ಸಲಲಸತಕಕದನದ ."
26) In Dharmanna S/o. Melagineppa Sharegar Vs. The Deputy Commissioner [RSA No.816/2006 (PAR), dated 14.02.2014], the Hon'ble High Court of Karnataka was pleased to hold thus :
" 9. Taking into consideration the facts of the present case and the effect of a declaration that would be granted by a Civil Court, the jurisdiction of the civil court is implied by barred and that civil court cannot take cognizance of such a suit. If really the Plaintiff's father had belonged to Scheduled Tribe as is sought to be impressed upon this Court on the basis of the Ex.P11, a school certificate of the father of the Plaintiff issued by the school in which he was studying, nothing comes in the way of the Plaintiff to approach the jurisdictional District Caste Verification Committee as per Rule 4 of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, Etc.) Rules 1992. These rules have been promulgated as per sub Section 1 of Section 13 of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, Etc.) Act, 1990. In such event, concerned District Caste Verification Committee would take all steps as per the provisions of the Act and Rules framed therein and will take appropriate action as early as possible. "
OS.7770/2019 13
27) Same principles of law have been enunciated in (1) Sri.P.S.Venugopal @ P.S.Venu Vs. The Chief Secretary (RSA 155/2015) and (2) Miss.Y.R.Vishalakshi Vs. The Secretary (RFA 1574/2016 dated 01.12.2016). In both judgments, the Hon'ble High Court of Karnataka was pleased to obbserve that, suit relating to declaration of caste is not maintainable. Para-1 of the judgment in the case of Miss.Y.R.Vishalakshi Vs. The Secretary reads as follows :
".......This court while dealing with the similar matter in a case reported in ILR 2014 KAR 5389 [The Government of Karnataka, rep. by Deputy Commissioner and Others Vs. Kumari Shilpa Shrishail Baragadagi and Another.] held that the Civil Courts have no jurisdiction as there is inhibition under Section 9 of C.P.C. as there is a separate forum with respect to correction of the caste certificates or for declaration of the caste constituted under Karnataka Schedule Caste, Schedule Tribes and other Backward Classes (Reservation of Appointments Etc.) Act, 1990. The principles laid down in the above said case reads as follows :- CODE OF CIVIL PROCEDURE, 1908 Section 100 Regular Second Appeal suit for declaration of caste and consequential relief of rectification of caste wrongly entered in the school records Claim of the plaintiff, that she belongs to Hindu Hatagar, a OS.7770/2019 14 backward community caste and the same is wrongly entered in school register as Hindu Lingayat Decreetal of suit, confirmed in appeal Second appeal against Jurisdiction of the Civil Court to grant caste declaration. HELD, Civil Court has no jurisdiction to grant caste declaration. The very suit of the plaintiff is not maintainable in view of inhibition under Section 9 of CPC. FURTHER HELD, as per the provisions of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments Etc.) Act, 1990, a Committee is constituted to verify the income and caste. The said Act has stood amended by Act No.27 of 1997, which received the assent on 29.09.1997. As per Section 4-A, 4-B, 4-C and 4-D have been inserted to Section 4 by virtue of Act 27 of 1997. As per Section 4, a Caste Verification Committee is constituted in all the districts to verify the caste and also the income. As per Section 3(A) of the said Act, an application will have to be made to the Tahasildar who will verify the information, documents and such other materials furnished by the applicant and on such verification if he is satisfied with the correctness of the information, documents and evidence furnished by the applicant, he will issue a caste certificate or income certificate in Forms D, E or F. An appeal is provided under Section 4(A) to the Assistant Commissioner. Rules have been framed in this regard and they have come into force from 08.02.2000 vide Gazette Notification bearing No.SWD 132 SAD 97. Hence, Civil Court's jurisdiction is impliedly barred, more particularly, in the light of an appeal being provided under Section 4(B) against an order passed under Section 4(A) by the Tahasildar regarding issuance of caste certificate and income certificate."
OS.7770/2019 15
28) Thus, from the above conspectus of the law, and from the Circular issued by the Government of Karnataka, it is clear that Civil Court has no jurisdiction to entertain the suit relating to declaration of caste. All that claim regarding declaration of caste or change in caste can be laid before the Caste Verification Committee of the concerned District as per Rule 4 of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, Etc.) Rules, 1992. In that view, it can be fairly said that Plaintiff has no cause of action to file this suit as this Court has no jurisdiction to entertain the same; accordingly, I answer Issues No.2 and 5 in the affirmative and Issue No.6 in the negative.
29) Issue No.1, 3 and 4 : In view of findings on Issue No.2 and 5, these issues do not survive for consideration.
OS.7770/2019 16
30) Issue No.7 : For foregoing discussion and findings on Issues No.2, 5 and 6, I pass the following :
ORDER (1) Suit of Plaintiff is hereby dismissed.
(2) No order as to costs.
(3) Draw Decree accordingly.
(Dictated to the Judgment Writer directly on computer, typed matter corrected and then pronounced by me in open court, on this the 2nd day of June 2021) (RAMA NAIK) VI Addl.City Civil & Sessions Judge Bengaluru City OS.7770/2019 17 ANNEXURE I. List of witnesses examined on behalf of :
(a) Plaintiff's side :
P.W.1 - Smt.Bharathi Devi, dtd.03.03.2021
(b) Defendants' side : N I L II. List of documents exhibited on behalf of :
(a) Plaintiff's side :
Ex.P.1 Office copy of Legal Notice dtd.25.05.2018 Ex.P.2 & Postal Receipts -2 Nos.
Ex.P.3 Ex.P.4 Postal Acknoweldgment Ex.P.5 Letter dtd.04.06.2018 issued by Defendant No.3 Ex.P.6 Notary attested copy of Aadhaar Card of Plaintiff Ex.P.7 Notary attested copy of Transfer Certificate of Plaintiff issued by 'Sri Aurobindo Vidya Mandir', Mahalakshmipuram, Bengaluru Ex.P.8 Notary attested copy of Transfer Certificate of mother of Plaintiff issued by Education Department Ex.P.9 Notary attested copy of Transfer Certificate of Plaintiff issued by Jindal Public School, Chikkbidarakallu, Bengaluru North OS.7770/2019 18 Ex.P.10 Notary attested copy of Birth Certificate of Plaintiff Ex.P.11 Notary attested copy of Aadhaar Card of Plaintiff Ex.P.12 Notary attested copy of Birth Certificate of Plaintiff
(b) Defendants' side : N I L VI Addl.City Civil & Sessions Judge Bengaluru City.