Karnataka High Court
Smt Vishalkumari vs The District Caste Verification ... on 17 February, 2023
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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WP No. 11644 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 11644 OF 2017 (GM-CC)
BETWEEN:
SMT. VISHALKUMARI
W/O K.VIVEK,
AGED ABOUT 50 YEARS,
OCC: DEVELOPMENT OFFICER
UNITED INDIA INSURANCE CO. LTD.,
R/O NO 127, 7TH MAIN ROAD,
4TH CROSS, 2ND STAGE, RMV,
BANGALORE - 560 094. ...PETITIONER
(BY SRI. PRAVEEN KUMAR RAIKOTE, ADVOCATE)
AND:
1. THE DISTRICT CASTE VERIFICATION COMMITTEE,
BY ITS SECRETARY,
Digitally signed by
THEJASKUMAR N
THE DIST. SOCIAL WELFARE OFFICER,
Location: HIGH SAMAPANGIRAMNAGAR,
COURT OF BANGALORE - 560 027.
KARNATAKA
2. THE CIVIL RIGHTS ENFORCEMENT CELL,
BY ITS DEPUTY SUPERINTENDENT OF POLICE,
TUMKUR UNIT, 4TH CROSS,
MALLAPPA ROAD, SIRA GATE,
TUMKUR - 572 101. ...RESPONDENTS
(BY SRI.C.JAGADISH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
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WP No. 11644 of 2017
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Praveen Kumar Raikote., learned counsel for petitioner and Sri.C.Jagadish., learned counsel for respondents 1 & 2 have appeared in person.
2. The facts are quite simple and are stated as under:
It is stated that the petitioner belongs to SC Maleru Caste and after obtaining the Caste Certificate from the jurisdictional Tahsildar applied for the post of the Development Officer in the Insurance department in the year 1981. On a complaint, the matter was referred by the postal department to the first respondent and first respondent held enquiry and came to conclusion that the petitioner belongs to Maleru Caste and issued such validity certificate on 17.08.2015.
Thereafter, the office of the first respondent wrote to the employer of the petitioner stating that the petitioner belongs to the Maleru caste and the copy of the validity certificate was also made available to the Authority concerned. -3- WP No. 11644 of 2017
As things stood thus, the second respondent on the basis of a letter written by Liason Officer of the employer of the petitioner initiated another proceedings and asked the first respondent about the genuinity of the Caste Validity Certificate issued to the petitioner. The first respondent office has written a detail letter intimating that the validity certificate is issued from their office. However, the second respondent issued notice to the petitioner calling upon the petitioner for an enquiry into the case of the petitioner.
Under these circumstances, petitioner having left with no other efficacious and alternative remedy, has filed this Writ Petition under Articles 226 & 227 of the Constitution of India.
3. Learned counsel for petitioner and respondents have urged several contentions.
4. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers and also the Annexures with utmost care.
The principal ground on which this Court is asked to quash the notice issued by the second respondent is that the Tahsildhar has issued the Caste Certificate. Thereafter the -4- WP No. 11644 of 2017 District Caste Verification Committee issued validity certificate. Hence, there was no need for the second respondent to issue another notice.
Caste Validity Certificate is at Annexure-A. It is dated 17.08.2015. A perusal of the same depicts that the District Caste Verification Committee has already issued Caste Validity Certificate. Therefore, question of issuing another notice is unsustainable in law.
In the circumstances, the notice issued by second respondent is liable to be quashed.
The result is that the Writ Petition will be allowed. This Court orders Writ of Certiorari. The notice dated:25.02.2017 issued by the Civil Rights Enforcement Cell, Tumkur - second respondent in ¸ÀASÉå: eÁ«/03/©Dgï/£ÁºÀeÁ¤/2015 vide Annexure-E is quashed.
Liberty is reserved for aggrieved persons to file an appeal under Section 4(d) of the Karnataka Scheduled Caste and Schedule Tribe and other backward classes (Reservation of Appointment Etc) Act, 1990.
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Resultantly, the Writ Petition is allowed.
Sd/-
JUDGE TKN List No.: 1 Sl No.: 6.