Bangalore District Court
Master. S.V.Vikram vs Deputy Director Of on 20 January, 2015
IN THE COURT OF XL ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-41) AT BENGALURU.
Dated this the 20th day of January 2015.
PRESENT
SRI.JINARALAKAR. B.L.,
B.A., LL.B. (Spl.)
XL Addl. City Civil & Sessions Judge, Bengaluru.
O.S.NO.627/2013
PLAINTIFF: MASTER. S.V.VIKRAM,
S/o. Suresh,
Aged about 14 years,
R/o. Varadahalli Village,
No.146, Sambram College Road,
Ambabhavani temple,
Vidyaranyapura Post,
Bengaluru-560 097,
Represented by his natural
Guardian/his father-Mr.Suresh.
(By Sri.M.Babu Rao,
Advocate.)
-VS-
DEFENDANTS: 1. DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS,
North District, K. G. Road,
Bengaluru-560 009.
2. THE BLOCK EDUCATION
OFFICER,
North Range-2, Gadhinagar,
Bengaluru-560 009.
2
O.S.627/2013
3. HEAD MISTRESS,
BEL Primary School,
Jalahalli, BEL Circle,
Bengaluru-560 013.
4. THE SECRETARY,
Secondary Education and
Examination Board,
Bengaluru Division,
6th Cross, Malleshwaram,
Bengaluru-560 003.
(D-1, 2 & 4: By 4th ADGP)
(D-3 : In person.)
*****
i) Date of Institution 19.01.2013
of the suit.
ii) Nature of the suit. Declaration & Mandatory Injunction.
iii) Date of the
commencement of 26.04.2014
recording of
evidence.
iv) Date on which the
judgment was 20.01.2015
pronounced.
v) Total Duration Year/s Month/s Days
02 00 01
***
JUDGMENT
The plaintiff has filed this suit against the defendants for declaration to declare his caste as "Madiga (SC)" and Mandatory Injunction to direct 3 O.S.627/2013 the defendants to rectify the caste as "Madiga (SC)" in school records and costs, etc. .2. The averments of the plaint in brief are:
The plaintiff's father is native of Guntur, Andhra Pradesh and settled in Bengaluru for livelihood and staying with wife and children and his children are studying in Bengaluru. The plaintiff is studying in 8th Standard in BEL Primary School, Jalahalli, Bengaluru, who was born in Andhra Pradesh in the year 1998. The plaintiff's father is Hindu by birth who belongs to SC (Madiga) and his family members who residing in the native village are also Hindu by religion.
At the time of admission of the plaintiff to 1st Standard in BEL Primary School, the caste column was wrongly entered as "Christian". When the plaintiff's father verified the school records, came to know that the caste has been wrongly mentioned as "Christian" to which he does not belong. After having noticed the wrong entry crept in, he 4 O.S.627/2013 immediately approached the school authorities to change the caste in Transfer Certificate, but, initially, the school authorities agreed to change and thereafter, refused to do so. In school records of plaintiff's younger brother and sister, their caste is reflecting as "Madiga". The plaintiff has changed the School to St.John's School, Amruthahalli from BEL School and St.John's School has issued the Transfer Certificate correctly by stating that he belongs to "Madiga" community. The plaintiff's father gave representation to the BEO requesting to direct the school authorities to change the caste. But, no response is received from the BEO. The plaintiff's father gave a letter to school authorities requesting them to change the caste as "Madiga" in school records, but claimed that they cannot change the records, since they are not concerned authority and suggested to approach the BEO. The plaintiff's father has issued Legal Notice to the Deputy Director of Public Instructions, BEO, Head Master of the school 5 O.S.627/2013 requesting to change the caste. The Deputy Director of Public Instructions, North District replied stating that they are not competent authorities to change the caste. The plaintiff's father also issued notice dated 21.08.2012 to the Secretary, Secondary Education and Examination Board, but, no reply was given to the notice. Meanwhile, the BEL school has replied stating that the caste column cannot be changed, since they do not have any power and advised to seek permission and intervention of the Court. Hence, the plaintiff has filed the present suit. .3. In pursuance of summons, defendants No.1, 2 and 4 appeared through learned ADGP. The Head Mistress on behalf of the defendant No.3 present and has not filed written statement. The defendants No.1,
2 and 4 have filed written statement stating that the suit is not maintainable either in law or on facts. The plaintiff has filed the suit after lapse of so many years and on this ground, the suit is liable to be 6 O.S.627/2013 dismissed. As per the Circular issued by the Commissioner to Education Department, there is no provision to change the caste and prays to dismiss the suit with costs.
.4. On the basis of above pleadings, the following Issues framed:
1. Whether the plaintiff proves that he belongs to Madiga caste?
2. Whether the plaintiff further proves that his caste is wrongly entered as Christian in school records at the time of admission to 1st Standard?
3. Whether the plaintiff is entitled for the relief sought for?
4. What Order or Decree?
.5. In support of the case, the plaintiff's father/guardian examined as PW.1, got marked documents at Ex.P.1 to Ex.P.19 and closed the side. The defendants have not adduced evidence on their behalf.
7
O.S.627/2013 .6. Heard arguments.
.7. My answers to the above Issues are:
Issue No.1 - In the affirmative.
Issue No.2 - In the negative.
Issue No.3 - In the negative.
Issue No.4 - As per final order for the following:
REASONS .8. ISSUE Nos.1 & 2: As these Issues are connected to each other, I have taken both together for discussion for the sake of convenience and to avoid repetition.
The plaintiff contended that he belongs to "Madiga" caste and his caste entered as "Christian" in school records at the time of admission to 1st Standard etc. The plaintiff's father /guardian who examined as PW.1 in his affidavit evidence stated regarding his native place; settling at Bengaluru and residing with wife and children; 8
O.S.627/2013 children studying in Bengaluru; the plaintiff studying in 8th Standard and belonging to SC (Madiga); the school records of his second son and daughter reflecting the caste as "Madiga", etc., by reiterating the averments of the plaint and got marked documents at Ex.P.1 to Ex.P.19.
From Ex.P.2-Caste Certificate shows that the plaintiff's father-Suresh belongs to Hindu-Madiga (SC). From Ex.P.3 and Ex.P.4-Caste Certificates show that the plaintiff's brother-S.V.Vinay and sister-S.V.Jyothi are belong to scheduled caste (Madiga). In Ex.P.18-Copy of Transfer Certificate of the plaintiff, his caste is mentioned as "Madiga-SC".
These documentary evidence supports the contention of the plaintiff that he belongs to "Madiga" caste. From the evidence of PW.1 coupled with above referred documentary evidence go to show that the plaintiff belongs to "Madiga" caste. Further in Ex.P.19-Copy of Transfer Certificate of the 9 O.S.627/2013 plaintiff, in caste particulars column at Sub-column
(a)-Religion column mentioned as "Christian", Sub-columns (b) - Caste, (c)- Sub-caste and
(d)-Whether SC/ST are kept blank, whereas, the plaintiff contended that his caste wrongly entered as "Christian" in school records at the time of admission to the 1st Standard. The said (b), (c) and
(d) sub-columns being kept blank, the contention of the plaintiff that caste wrongly entered as "Christian" cannot be accepted. On the other hand, the plaintiff has not produced documentary evidence in respect of his admission to the 1st Standard. Hence, there is no cogent and satisfactory evidence to show that the plaintiff's caste is wrongly entered as "Christian" in school records at the time of admission to the 1st Standard. Thus, the plaintiff has failed to prove that his caste is wrongly entered as "Christian" in school records at the time of admission to the 1st Standard. Hence, for these 10 O.S.627/2013 reasons, I answered Issue No.1 in the affirmative and Issue No.2 in the negative.
.9. ISSUE NO.3: The plaintiff has filed the suit against the defendants for declaration to declare his caste as "Madiga (SC)" and Mandatory Injunction to direct the defendants to rectify the caste as "Madiga (SC)" in school records and costs, etc. The learned counsel for the plaintiff during the course of arguments submitted that the plaintiff belongs to "Madiga" caste and in caste column, wrongly mentioned as "Christian", for such suit, the Court can take cognizance under Sec.9 of CPC, the Civil Court has jurisdiction, etc and also relied upon a decision reported in AIR 2003 SUPREME COURT 2508 in a case between Ramesh Chand Ardawatiya -Vs- Anil Pajwani, wherein their Lordships held that:
"(A) Civil P.C. (5 of 1908), S.9 - Civil Court - Jurisdiction - Exclusion - Not total even if exclusive jurisdiction is 11 O.S.627/2013 conferred on special Tribunal -
Objections as to jurisdiction - To be raised at earliest stage.
(B) Civil P.C. (5 of 1908), S. 9 -
Rajasthan Co-operative Societies Act (13 of 1965), S.75 - Civil Court -
Jurisdiction - Plaintiff purchasing plot allotted to his vendor by Co-operative Society - Suit filed for declaration of title, restoration of possession and injunction against defendant encroacher
- Defendant not a member of Co-operative Society - Dispute neither falls under S.75 (1) or S.75(2) of Rajasthan Act - Civil Court's jurisdiction is, therefore, not excluded - Objection to jurisdiction - Neither raised during trial - Nor in revision petitions that were preferred - Objection cannot be raised in special leave petition."
The facts and circumstances of the present case are not applicable to the above cited decision. In the instant case, the plaintiff has filed this suit for the relief of Declaration and Rectification of caste in 12 O.S.627/2013 school records. Per contra, the learned ADGP during the course of arguments submitted that the plaintiff has filed this suit for the relief of declaration in respect of the caste and the Civil Court has no jurisdiction to decide the case and suit is not maintainable, etc., and also relied upon a decision reported in (1997) 3 Supreme Court Cases 542 in the case between State of T.N. and Others -Vs- A. Gurusamy, wherein their Lordships held that:
"Constitution of India - Arts.341, 342 and 366(24) & (25)- Scheduled Castes and Scheduled Tribes -
Whether a particular community is a SC or ST- Forum competent to decide - Presidential declaration under Arts. 341 and 342, held, conclusive albeit subject to amendment by Parliament - Hence, jurisdiction of civil court to decide the said question impliedly ousted."
In the instant case, the plaintiff has filed the suit for declaration to declare that he belongs to "Madiga (SC)" community and also for Mandatory Injunction directing the defendants to rectify his caste as 13 O.S.627/2013 "Madiga (SC)" instead of "Christian" in his school records. The plaintiff is not entitled for the relief of declaration of caste as the suit is not maintainable as per the above referred decision of the Hon'ble Supreme Court, since the Civil Court has no jurisdiction to take cognizance of such suit. On the other hand, the plaintiff has failed to prove that his caste is wrongly entered as "Christian" in school records at the time of admission to the 1st Standard. Hence, the plaintiff is not entitled for the relief as sought for, accordingly, I answered Issue No.3 in the negative.
.10. ISSUE NO.4: In view of the reasons and discussion on the above Issues-1 to 3, I proceed to pass the following:
ORDER Suit of the plaintiff is hereby dismissed.
No order as to costs.
Draw decree accordingly.14
O.S.627/2013 (Dictated to the Judgment Writer, transcribed by her, the transcript print is corrected and then pronounced by me in the open court on this the 20th day of January 2015).
(JINARALAKAR. B.L.) XL Addl. City Civil & Sessions judge, Bengaluru.
ANNEXURE WITNESSES EXAMINED ON BEHALF OF PLAINTIFF:
PW.1 -Suresh.
DOCUMENTS PRODUCED ON BEHALF OF PLAINTIFF:
Ex.P.1 Birth Certificate.
Ex.P.2 Caste Certificate.
Ex.P.3 Caste Certificate of Vinay.
Ex.P.4 Caste Certificate of Jyothi.
Ex.P.5 Copy of representation dated
26.06.2012.
Ex.P.6 Copy of Legal Notice.
Ex.P.7 to 3-Complaint settled replies.
Ex.P.9
Ex.P.10 to 4-Postal Receipts.
Ex.P.13
Ex.P.14 Another Legal Notice dated 21.08.2012.
Ex.P.15 Reply dated 23.08.2012 of defendant
No.3.
Ex.P.16 Reply dated 26.07.2012 of defendant
No.1.
Ex.P.17 Copy of Transfer Certificate of Vinay.
15
O.S.627/2013
Ex.P.18 Copy of Transfer Certificate of Vikram. Ex.P.19 Copy of Transfer Certificate of Vikram issued by BEL Primary School. WITNESSES EXAMINED ON BEHALF OF DEFENDANTS:
-NIL-
DOCUMENTS PRODUCED ON BEHALF OF DEFENDANTS:
-NIL-
(JINARALAKAR. B.L.) XL Addl.City Civil & Sessions judge, Bengaluru.16
O.S.627/2013 ORDER (SRI.JINARALAKAR B.L.) XL Addl.City Civil & Sessions judge, Bengaluru.
17 O.S.627/2013