Karnataka High Court
Kumari Reshma vs The State By Its Principal Secretary And ... on 13 December, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2023:KHC-K:9208
WP No. 203316 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 203316 OF 2023 (GM-CC)
BETWEEN:
KUMARI RESHMA
D/O RAHIMAN SAB CHAUDARY,
AGE: 24 YEARS, OCC: STUDENT,
R/O YEDRAMI, TQ: YEDRAMI,
DIST: KALABURAGI-585 325.
...PETITIONER
(BY SRI. PRADEEP KUMAR, ADVOCATE)
AND:
1. THE STATE BY ITS PRINCIPAL SECRETARY
(PRIMARY AND HIGHER EDUCATION),
Digitally signed EDUCATION DEPARTMENT, M.S. BUILDING,
by SACHIN BANGALORE-560 001.
Location: HIGH
COURT OF 2. THE DEPUTY DIRECTOR OF
KARNATAKA PUBLIC INSTRUCTION OFFICER,
KALABURAGI-585 102.
3. THE BLOCK EDUCATION OFFICER,
JEWARGI-585 310.
4. THE HEAD MASTER OF
GOVT, HIGHER PRIMARY SCHOOL, YEDRAMI,
TQ: YEDRAMI, DIST:KALABURAGI-585 325.
5. THE HEAD MASTER OF
GOVT, GIRLS HIGH SCHOOL YEDRAMI,
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NC: 2023:KHC-K:9208
WP No. 203316 of 2023
TQ: YEDRAMI, DIST: KALABURAGI-585 225.
6. THE PRINCIPAL OF
GOVT. PU COLLEGE,
YEDRAMI-585 325.
7. THE PRINCIPAL OF SHIVASHANTHALA,
DEGREE COLLEGE, YEDRAMI-585 325.
...RESPONDENTS
(BY SRI. SHIVAKUMAR R. TENGLI, AGA FOR R1 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS WRIT
PETITION AND ISSUE WRIT OF MANDAMUS OR ANY OTHER
WRIT OR ORDER OR DIRECTION AS FOLLOWS; 1) ISSUE WRIT
OF MANDAMUS DIRECTING THE RESPONDENTS NO.4 TO 7 TO
CORRECT THE CASTE OF PETITIONER IN THE EDUCATION
RECORDS AS "KASAB "CAT-I BY CONSIDERING THE NOTICE AS
REPRESENTATION DATED 16.05.2022 PRODUCED AT
ANNEXURE-D AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel Sri Pradeepkumar on behalf of Sri Bhimashankar, learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.1 to 6/State.
2. Petitioner is a student having completed her decree and she belongs to caste 'Kasab' - Category-I, but -3- NC: 2023:KHC-K:9208 WP No. 203316 of 2023 in her school records, her caste category mentioned as 'Muslim -IIB', by mistake and error.
3. It is contended by learned counsel for petitioner that Government of Karnataka by its gazette notification dated 20.04.2020 directed the school authorities to correct the caste in the school records on production of Caste Certificate issued from the concerned authority.
4. Petitioner filed an application to the District Caste Verification Committee for issuance of Caste Certificate, who in turn had directed the officials to hold an enquiry in accordance with law and based on which a Caste Certificate was issued in favour of petitioner at Annexure-C dated 29.03.2022. On the basis of the issuance of Caste Certificate, petitioner made an application to correct her caste in her school records, but it was not heeded to and no correction was made in her school records. Thereafter, petitioner sent a legal notice dated 16.05.2022 and sent on 17.05.2022 to respondent nos.4 to 7. Despite which no action has been taken by -4- NC: 2023:KHC-K:9208 WP No. 203316 of 2023 respondent nos.4 to 7. Hence, petitioner is per-forced to file this petition for correction of her caste in the school and college records.
5. It is the contention of learned Additional Government Advocate for respondent nos.1 to 6/State that if the Caste Verification Committee has issued the Caste Certificate after proper enquiry, the Authorities would consider the same, if the same is genuine and proper and pass suitable orders for correction.
6. Placing the submissions of learned counsel on record and taking into consideration the fact that Annexure-C is issued by the appropriate authority by mentioning the caste of the petitioner to be 'Kasaab' Category-I. The authorities are bound to consider the representation made by the petitioner and make corrections with regard to the caste in the educational records inconsonance with Annexure-C issued by the Competent Authority. Accordingly, I pass the following : -5-
NC: 2023:KHC-K:9208 WP No. 203316 of 2023 ORDER
(i) The writ petition is allowed.
(ii) Writ of mandamus is issued to respondent nos.4 to 6 to carry out the correction of the caste of the petitioner in the educational records and school records inconsonance with Annexure-C within a period of six weeks from the date of receipt of certified copy of this order.
(iii) Petitioner would be at liberty after securing the corrected version of the Caste Certificate, to place the same before respondent no.7 and seek for correction in the said college.
Sd/-
JUDGE SN List No.: 1 Sl No.: 10