Bangalore District Court
T.Elvin vs ) The State Of Karnataka on 3 February, 2015
IN THE COURT OF IX ADDL.CITY CIVIL AND
SESSIONS JUDGE AT BANGALORE (C.C.H.5)
Dated: This the 3rd day of February 2015
Present: Shri Krishnamurthy B.Sangannanavar,
B.Com.LL.B.,(Special)
IX Addl. C.C & S.J, Bangalore.
O.S. NO.4173/2014
Plaintiff: T.Elvin, S/o. S.M.Thangaraj, Aged
about 45 years, R/at No.8-A, 12th Main
Road, K.P.Agrahara, Magadi Road PO,
Bangalore 560 023.
[By Sri.S.Shankar, advocate]
-Vs-
Defendants: 1) The State of Karnataka, Represented
by its Secretary, Department of
Primary and Secondary Education,
M.S.Building, Bangalore.
2) The Karnataka Secondary Education
Board, Represented by its Secretary,
Malleshwaram, Bangalore.
3) The Deputy Director, Department of
Public Instruction, Bangalore North
District, K.R.Circle, Bangalore.
4) The Principal/H.M. S.J.R.Primary &
High School, No.1050, 4th 'M' Block,
Rajajinagar, Bangalore 560 010.
(D1 to 3 : Exparte
D4 : By Sri.C.M.Nagabushana,
advocate)
2 O.S.No.4173/2014
Date of institution of the suit 06.06.2014
Nature of the suit Declaration
Date of commencement of 4.12.2014
recording the evidence
Date on which the judgment 03.02.2015
was pronounced
Total duration : Days Month/s Year/s
27 07 00
JUDGMENT
This is a suit filed by plaintiff to declare that sub-caste/community of plaintiff's son is Christian-Nadar as per the community certificate issued by statutory authorities in the academic year and to direct defendants 1 to 4 to rectify the school records incorporating caste as Christian- Nadar.
2. On facts, case of the plaintiff is pleaded below:
He is son of Mr.S.M.Thangaraj of Madurai District in the State of Tamilnadu belonging to Christian-Nadar which is notified as backward class. He studied in Virudhunagar Hindu Nadar 3 O.S.No.4173/2014 Higher Secondary School at Madhurai. His son was born on 1.4.2000 at Bangalore. He prosecuted his studies in State of Karnataka. In the school records, religion is mentioned as Christian although he belongs to Christian-Nadar. There was no occasion for necessary clarification. It is only at later stage, he realized the error. The error requiring correction after being noticed. He issued with caste certificate by Tahsildar, Bangalore North Taluk certifying that he belongs to Christian- Nadar. He is resident of Bangalore and prosecuted his studies in State of Karnataka. He is entitled to seek declaration that he belongs to Christian- Nadar backward classes Category II(A) to which he belongs and sought for declaration to that effect.
3. The defendants 1 to 3 are placed exparte. Defendant No.4 put appearance through learned counsel submitted written statement contending "no change can be made in the caste" once the admission done at the entry level. Further based on the instructions furnished by parents at the time of admission, certificate has been issued by the institution. Application for admission, admission register and Transfer Certificate are 4 O.S.No.4173/2014 enclosed and the suit of the plaintiff is not maintainable.
4. In view of the above prime pleadings, this court formulated the following issues for the purpose of trial:
(1) Whether plaintiff is entitled for declaration of caste of his son is Christian - Nadar and entitled for a direction to rectify records of defendants?
(2) Whether 4th defendant proves that no change can be made in the caste and the suit is not maintainable against him as he is not a necessary party?
(3) What order and decree?
5. In support of the above issues, the plaintiff examined himself as P.W.1 and through him; Exs.P-1 to P-16, 16(a) documents got marked. On the contrary, defendant No.4 did not adduce oral evidence.
6. After closure of evidence on either side, having heard the learned counsels on record, this 5 O.S.No.4173/2014 court preferred to record the following findings on the above issues:
Issue No.1 : In the Negative
Issue No.2 : Partly in the Affirmative
Issue No.3 : As per final order,
for the following:
REASONS
7. Issue Nos.1 & 2: The plaintiff in this case is one T.Elvin, S/o. late S.M.Thangaraj. He examined himself as P.W.1. He is aged about 45 years and he has instituted this suit to declare his son's sub-caste as Christian-Nadar. According to him, his son born to T.Elvin and Smt.Bella. It is to be noted here at the very outset that his son is not a party to this suit. The plaintiff has produced Ex.P-1 certificate said to have been issued by V.H.N.Higher Secondary School, Madurai who is not a party in the present suit. According to plaintiff, this certificate is in respect of him and in column No.4 mentioned Indian, Christian Nationality and Religion and in column 5(b) Yes, Nadar corresponding to Backward class. First of all, this certificate itself cannot be held proved without there being examination of author of this document.
6 O.S.No.4173/20148. Further in Ex.P-2, S.J.R.Primary and High School certified Sherwin.E S/o. T.Elvin and Smt.E.Bella who is studying in 9th standard during 2014-15 was born on 1.4.2000 belongs to Christian religion. Merely because in Ex.P-3 certificate issued in Form-F by Tahsildar, Bangalore North Taluk certifying Kumar Sherwin.E, S/o. T.Elvin belongs to caste Nadar of category II(A) of the backward classes is not a ground to seek correction of school records of said child, as such 4th defendant rightly contended that no change can be made in the caste.
9. Ex.P-4 to P-7 are representations made to defendants for rectification of caste of son of plaintiff. Ex.P-8 is three postal receipts. Ex.P-9 to P-11 are postal acknowledgements. Ex.P-12 and P-13 are Adhar cards of Sherwin.E and Elvin.T. Ex.P-14 is ID card in respect of plaintiff issued by Election Commission of India. Ex.P-15 is list of castes categorized under Article 16(4) of Indian Constitution by Karnataka Public Service Commission categorizing schedule caste/schedule tribes and backward classes in part-II that Nadar caste comes under category II(A). Ex.P-16 is reply 7 O.S.No.4173/2014 of Deputy Director (Administration), Bangalore North Taluk. Thus with such documents, plaintiff cannot seek relief of declaration of caste of his son as Nadar, to direct defendants to mention caste of his son as Christian-Nadar. It is to be noted here that no change could be made in the educational records, does not mean to say that son of plaintiff is not at all entitled for any benefits, if really, his parents, namely plaintiff and his wife, their forefathers geographically categorized as backward class, however, he by way of civil suit, cannot seek relief of declaration of caste of his son as Nadar.
10. In this regard, to find support, it is appropriate here to follow the decision of our own Hon'ble High Court rendered in the recent past in RSA No.816/2006 (PAR) dated 14th February 2014 in Dharmanna s/o. Melagineppa Sharegar vs. The Deputy Commissioner, Belgaum and others held that the Civil Court jurisdiction is impliedly barred and therefore, civil suit of this nature is not maintainable. It is therefore, followed by the decision of Hon'ble Apex Court which has been followed by Hon'ble High Court of Karnataka, 8 O.S.No.4173/2014 suit filed by plaintiff has to be held not maintainable.
11. In view of the ratios and the discussion made above, finding on issue No.1 goes without saying in the Negative and in view of the Negative finding on issue No.1, 4th defendant has to be held proved that no change can be made in the caste and the suit is not maintainable, as such finding on issue No.2 would be record without saying partly in the Affirmative.
12. Issue No.3: In view of the above findings and in the result, this court passes the following:
O R D E R The suit of the plaintiff is hereby dismissed as not maintainable with no order as to cost.
(Dictated to the Judgment Writer, transcribed by her, corrected and then pronounced by me in the open court, on this the 3rd day of February 2015).
(Krishnamurthy B.Sangannanavar) IX Addl. City Civil & Sessions Judge, Bangalore.9 O.S.No.4173/2014
A N N E X U R E List of witnesses examined for plaintiff:
P.W.1 T.Elvin List of witnesses examined for defendants:
Nil List of documents exhibited for plaintiff:
Ex.P-1 Transfer Certificate
Ex.P-2 Certificate given by SJR High
School
Ex.P-3 Caste certificate
Ex.P-4 to 7 Representations made to
defendants
Ex.P-8 Postal receipts
Ex.P-9 to 11 Postal acknowledgements
Ex.P-12 & 13 Adhar cards
Ex.P-14 ID card
Ex.P-15 List of castes categorized under
Art.16(4) of Indian Constitution Ex.P-16 Reply of Deputy Director (Administration), Bangalore North Taluk Ex.P-16(a) Cover List of documents exhibited for defendants:
Nil IX Addl. City Civil & Sessions Judge, Bangalore.