Karnataka High Court
Sri H R Renuka Prasanna vs The Director on 17 September, 2019
Author: B.Veerappa
Bench: B. Veerappa
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER 2019
BEFORE
THE HON'BLE MR.JUSTICE B. VEERAPPA
WRIT PETITION Nos.41013-41014 OF 2016 (GM-CC)
BETWEEN
SRI.H.R.RENUKA PRASANNA,
S/O LATE H.S.RAMA NAYAK,
AGED ABOUT 36 YEARS,
RESIDING AT DODDAHANASOGE
VILLAGE AND POST,
K.R.NAGAR,
MYSORE DISTRICT - 570 001. ... PETITIONER
(BY SRI.PAVANA CHANDRASHETTY H., ADVOCATE)
AND
1. THE DIRECTOR,
SCHEDULE TRIBES WELFARE AND
APPELLATE AUTHORITY,
TRIBAL WELFARE DEPARTMENT,
KRISHI BHAVAN, 2ND FLOOR,
HUDSON CIRCLE,
BENGALURU - 560 032.
2. THE DEPUTY COMMISSIONER
AND PRESIDENT,
SCHEDULE CASTE/SCHEDULE TRIBE,
CASTE VERIFICATION COMMITTEE,
MYSORE DISTRICT,MYSORE - 570 001.
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3. THE SUPERINTENDENT OF POLICE,
CIVIL RIGHTS ENFORCEMENT
CELL (CRE CELL), MYSORE DISTRICT,
MYSORE - 570 001.
4. POLICE INSPECTOR,
CIVIL RIGHTS ENFORCEMENT
CELL (CRE CELL), MYSORE DISTRICT,
MYSORE - 570 001.
5. THE TAHSILDAR,
K.R.NAGAR TALUK,
MYSORE DISTRICT,
MYSORE - 570 001.
6. THE LABOUR COMMISSIONER,
KARMIKA BHAVAN,
BANNERGHATTA ROAD,
BANGALORE - 560 029.
7. SMT. JANNAVI TOPPAN TALWAR,
FIRST DIVISION ASSISTANT,
OFFICE OF THE
ASSISTANT LABOUR COMMISSIONER,
BELAGAVI DISTRICT - 580 010.
8. DISTRICT SOCIAL WELFARE OFFICER,
MYSORE DISTRICT, MYSORE - 570 001.
9. TALUK SOCIAL WELFARE OFFICER,
K.R.NAGAR TALUK,
MYSORE DISTRICT,
MYSORE - 570 001. ... RESPONDENTS
(BY SRI. C.JAGADISH, SPL. GOVERNMENT
ADVOCATE)
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THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF
INDIA PRAYING TO QUASH THE IMPUGNED ORDER
PASSED BY THE R-1 DIRECTOR, SCHEDULED TRIBES
WELFARE AND APPELLATE AUTHORITY, TRIBAL
WELFARE DEPARTMENT IN PROCEEDINGS DATED
14.07.2016 PRODUCED AS ANNEXURE - A AND ETC.,
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioner in these writ petitions has sought for writ of certiorari to quash the order dated 14.7.2016 passed in proceedings No.DSTW/APPEAL/CR-4/2014- 15 by the first respondent and also to quash the order dated 25.5.2015 passed by the 2nd respondent authority/District Caste Verification Committee, Mysuru, in Order No. GeSaKaAa/D10/Sindutva/CR/147/2001-02 and to declare that the petitioner belongs to Nayaka caste.
2. It is the case of the petitioner that his father died while he was service in the office of the Labour 4 Commissioner at Bengaluru Rural on 28.7.1997. On the basis of the application made by the petitioner, he was appointed as SDA in the office of the Labour Commissioner, Bengaluru, on compassionate grounds on 15.2.1999. On 20.7.2001 the petitioner surrendered his 'Pariwar' caste certificate issued by the Tahsildar, K.R. Nagar Taluk dated 21.8.2001 and requested the Tahildar to issue Nayaka caste certificate. Accordingly, the Tahsildar, corrected the same and issued the caste certificate as Nayaka. Thereafter the petitioner made representation to the Labour Control Officer, Chamarajanagar . Accordingly, the petitioner's caste came to be entered in the service book by the said authority and his enrollment number as 333. On 10.11.2011, Respondent No.7 made a complaint and requested to enquire about the caste of the petitioner. In pursuance of the same, the Labour Commissioner sent letter to the District Commissioner, Mysuru, to verify the petitioner's caste on 18.1.2012. In turn, the District 5 Social Welfare Department, Mysuru, sent a letter to the Tahsildar and Taluk Social Welfare Officer, K. R. Nagar on 1.12.2012. On 24.2.2012, the Tahsildar conducted spot mahazar through the Revenue Inspector and recorded the statement of the villagers and ultimately reported that the petitioner belongs to Nayaka community.
3. It is the further case of the petitioner that on 8.3.2012 the Taluk Social Welfare Officer visited the petitioner's village and conducted spot mahazar and recorded the villagers statement and subsequently made report that petitioner belong to Nayaka Community and petitioner's grand father Siddaiah mentioned Nayaka caste at the time of admission of his son H.S.Rama Nayaka to the school during the year 14.3.1955. On 4.5.2012, the complainant/7th respondent got the benefit of promotion, since petitioner's promotion was held up. On 3.4.2013, the petitioner obtained certificate 6 from the school Head Master through Right to Information Act which clearly indicated the caste of the petitioner as Nayaka. Thereafter, the Tahsildar by a report dated 6.11.2013 observed that the petitioner belongs to Nayaka caste. On 21.02.2015, the Police Inspector, Civil Rights Enforcement Cell(CRE Celll) send a enquiry report to the Superintendent of Police, Civil Right Enforcement Cell, Mysuru. On 25.5.2015, the District Social Welfare Officer send a final caste certificate report to the District Commissioner, Mysuru, based on the case, the 2nd respondent declared the petitioner's caste as Pariwar caste. Against the said order, the petitioner filed an appeal before the first respondent, which came to be allowed confirming the order of the 2nd respondent by order dated 14.7.2016. Hence, the present writ petitions for the relief sought for.
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4. I have heard the learned counsel for the parties to the lis.
5. Sri. Pavana Chandra Shetty, learned counsel for the petitioner mainly contended that the petitioner came to be appointed as a Second Division Assistant on compassionate ground on 15.2.1999. The jurisdictional Tahsildar after holding the spot inspection submitted a report holding that the petitioner belongs to Nayaka Caste. Inspite of transfer certificate issued by the Head Master of the school and the certificate issued by the Tahsildar, the District Caste Verification Committee proceeded to reject the claim of the petitioner that he belongs to Nayaka community on the ground that the petitioner's father was Pariwar Nayak. The same has been confirmed by the appellate authority erroneously.
6. He would further contend that the District Caste Verification Committee constituted under Rule 4 of the Karnataka SC/ST and other Backward 8 Classes(Resv. Of Appt. Etc) Rules, 1992, consists of four members namely the Deputy Commissioner of the District who is the Chairman, the Deputy Secretary(Administration), Zilla Panchayath, Tahsildar of Taluk and District Social Welfare Officer, who is the Member Secretary. Admittedly, the order assailed is passed only by three persons and not by the Committee consisting of four persons. Therefore, he has sought to allow the writ petitions.
7. Per contra, Sri C. Jagadeesh, learned Special Government Advocate for the respondents sought to justify the impugned orders passed by respondent Nos.1 and 2 and contended that the petitioner was appointed as Second Division Assistant on compassionate ground. The petitioner belonged to Parivara Nayak caste as per the service records of his father. Therefore, he sought to dismiss the writ petitions.
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8. Having heard the learned counsel for the parties, it is undisputed fact that the petitioner's father H.S.Rama Nayak died while in the service on 28.07.1997 and therefore, the petitioner came to be appointed as the Second Division Assistant under respondent No.6 on compassionate ground on 15.02.1999. Subsequently, the petitioner filed the certificate before the authorities stating that he belong to Nayak caste / community. On the complaint made by respondent No.7, the Committee considered that the petitioner belonged to Parivara Nayak caste and proceeded to reject the application holding that the petitioner belonged to Parivara Nayak caste and not Nayak caste.
9. It is also not in dispute that the Committee constituted under the provisions under Rule 4 of the Karnataka Scheduled Castes, Scheduled Tribes and 10 other Backward Classes (Reservation of Appointments Etc.) Rules, 1992, which reads as under:
"4. Caste Verification Committee -
(1) There shall be a committee called the Caste Verification Committee for each district to verify the caste certificate issued in respect of the persons belonging to Scheduled Castes and Scheduled Tribes. The committee shall consist of the following members namely :
(1) The Deputy Commissioner of the District who shall be the Chairman;
(2) The Deputy Secretary (Administration) of the Zilla Panchayat;
(3) The Tahsildar of Taluk;
(4) The District Social Welfare Officer who shall be the Member Secretary:
[Provided that the State Government may constitute an Additional Caste Verification Committee for any District to verify the Caste Certificate issued in respect of the persons belonging to Scheduled Castes or Scheduled Tribes which shall consist of the following members, namely:-
(i) An Office not below the rank of Special Deputy Commissioner appointed by the State Government - Chairman
(ii) The Assistant Commissioner of the Sub-Division - Member
(iii) The Tahsildar of the Taluk -
Member 11
(iv) The District Social Welfare Officer
- Member] Careful perusal of the impugned order dated 25.05.2015 passed by the District Caste Verification Committee clearly depicts that only three members have signed as per Annexure 'B', but the Committee consists of four members. Unfortunately, the Appellate Authority has also not considered the said fact and proceeded to pass the impugned order dated 14.07.2016. Only on that ground alone, the impugned orders dated 25.05.2015 and 14.07.2016 passed by respondent Nos.2 and 1 respectively, are liable to be quashed.
10. For the reasons stated above, the writ petitions are allowed. The impugned orders dated 25.05.2016 and 14.07.2016, passed by respondent Nos.2 and 1 at Annexures 'B' and 'A', respectively are hereby quashed. The matters are remitted to the District Caste Verification Committee, Mysuru - 12 respondent No.2 to consider the matter afresh after following the due procedure as contemplated under Rule 4 of the Rules, 1991. After considering the records and other documents shall verify whether the petitioner belongs to Nayak or Parivara Nayak caste and then pass appropriate order strictly in accordance with law within a period of three months from the date of the receipt of the certified copy of this order.
The petitioner is directed to be present before the respondent No.2 on 14.10.2019, without awaiting any notice.
Ordered accordingly.
Sd/-
JUDGE *alb/- / nvj