Bangalore District Court
Sri.Yogesh.P vs ) Green Valley English School on 17 July, 2021
Govt. of Karnataka TITLE SHEET FOR JUDGMENT IN SUITS
Form No.9(Civil)
Title Sheet for
Judgment in suits
(R.P.91)
IN THE COURT OF THE VI ADDL. CITY CIVIL & SESSIONS JUDGE
AT BENGALURU CITY
(CCCH.11)
Dated this the 17th day of July 2021
PRESENT: Sri.Rama Naik, B.Com., LL.B.,
(Name of the Presiding Judge)
O.S.No.4401/2019
PLAINTIFF SRI.YOGESH.P
S/o.Sri.Prabhu
Aged about 26 years
R/at No.4, Beereshwaranagar
Chunchaghatta Main Road
Bengaluru -560 062.
[By Pleader Sri.R.Raju Guptha]
/Vs/
DEFENDANTS 1) GREEN VALLEY ENGLISH SCHOOL
Chunchaghatta Main Road
Ganapathipuram, Konnanakunte
Bengaluru - 560 062.
[Exparte]
2) DDPI
No.12, Dispensary Road
Opp.KIMS Hospital
Kalasipalyam, Bengaluru -560 002.
OS.4401/2019
2
3) PRINICPAL SECRETARY
Primary and Secondary Education
6th Floor, M.S Building
Bengaluru -560 001.
[By Pleader - Smt.Shantha B.Mullur
I ADGP]
Date of Institution of the suit : 20.06.2019
Nature of the Suit : Declaration
Date of commencement of recording
of evidence : 14.02.2020
Date on which the Judgment was
pronounced : 17.07.2021
Year/s Month/s Day/s
Total Duration : 02 -- 27
(RAMA NAIK)
VI ADDL.CITY CIVIL & SESSIONS JUDGE
BENGALURU CITY
OS.4401/2019
3
JUDGMENT
This suit is filed by Plaintiff to direct Defendants to change his caste as 'Gowda'.
2) In brief, Plaintiff's case is that his father belongs to 'Lingayath' and his mother's caste is 'Gowda'.
3) It is stated that he studied in Defendant No.1 School. Transfer Certificate issued by Defendant No.1 mentions his caste as 'Lingayath'.
4) It is stated that, after the death of his father, he has been looked after by his mother, and therefore, he desires to have the caste of his mother.
5) It is stated that, before filing this suit, he issued legal notice dated 24.05.2018 to Defendants and same was duly served to them. But they failed OS.4401/2019 4 to comply with the demand made in the notice. Hence, prays for decree.
6) Summonses issued to Defendants were duly served. Defendants No.2 and 3 marked appearance through 1st Additional District Government Pleader [1st ADGP] and filed their written statement. Defendant No.1 did choose not to appear. Hence, Defendant No.1 was placed ex-parte.
7) Defendants No.2 and 3, in their written statement, state that particulars furnished by the parents of Plaintiff have been entered in school records. There is no mistake on the part of Defendants in entering the caste of Plaintiff in school records.
8) It is stated that suit is barred by limitation as the same has been filed after a lapse of considerable time.
OS.4401/2019 5
9) It is further stated that this Court has no jurisdiction to try this suit as the Government has formed the 'Caste Verification Committee' to deal with the subject.
10) It is stated that, as per Circular issued by the Commissioner of Education Department, there is no provision to change the caste of student in school records.
11) It is stated that Plaintiff has no cause of action to file this suit. Hence, pray for dismissal of the suit.
12) Following issues have been framed by this Court :
1) Whether Plaintiff proves that he belongs to "Gowda" caste instead of "Lingayath" caste?2) Whether Defendants No.2 and 3
prove that the suit is barred by limitation?
3) Whether Plaintiff has no cause of action to file this suit?
OS.4401/2019 6
4) Whether Plaintiff is entitled for the reliefs as prayed for?
5) What Order or Decree?
13) Plaintiff has got examined as PW.1 and his mother, Smt.Prema P, has been examined as PW.2, and Exs.P.1 to P.15 have been marked in support of Plaintiff's case. Defendants No.2 and 3 have chosen not to lead their evidence.
14) Heard learned Counsel for Plaintiff and learned 1st ADGP for Defendants No.2 and 3. Perused the records.
15) My findings on the above Issues are :
Issue No.1 - Does not survive for consideration;
Issue No.2 - Does not survive for consideration;
Issue No.3 - In Affirmative; Issue No.4 - In Negative;
Issue No.5 - As per final order, for the following :
OS.4401/2019 7 REASONS
16) Issues No.1 to 4 : Plaintiff's suit is for direction to Defendants to change his caste as 'Gowda' in his school records.
17) Plaintiff's case is that his father belongs to 'Lingayath' caste and his mother's caste is 'Gowda'.
Transfer Certificate issued by Defendant No.1 School mentions his caste as 'Lingayath'.
18) It is stated that he intends to have the caste of his mother as she has been looking after him after the death of his father.
19) Plaintiff has deposed as PW.1 reiterating the facts stated in the plaint. His mother has deposed as PW.2, stating that her husband belongs to 'Lingayath' caste and she belongs to 'Gowda' community.
OS.4401/2019 8
20) Documents marked on behalf of Plaintiff are at Exs.P.1 to P.15. Ex.P.1 is Study Certificate issued by Defendant No.1 School, wherein, Plaintiff's caste is mentioned as 'Lingayath'. Ex.P.2 is Ration Card, which stands in the name of Plaintiff's mother. Ex.P.3 is Transfer Certificate of Plaintiff issued by Defendant No.1 School where Plaintiff studied 10th standard. Ex.P.3 mentions the caste of Plaintiff as 'Hindu, Lingayath'. Ex.P.4 is School Register Extract of Plaintiff's mother, wherein, her caste is shown as 'ಒಕಕಲಗರರ'.
21) Ex.P.5 is office copy of legal notice dated 24.05.2018 issued to Defendants, whereby, Plaintiff made a request to change his caste as 'Gowda'. Exs.P.6 to P.11 are postal receipts for having addressed the notice to Defendants. Exs.P.12 to P.14 are postal acknowledgments for having acknowledged the notice by Defendants. Ex.P.15 is Aadhaar Card of Plaintiff's mother.
OS.4401/2019 9
22) From the above documents, it can be said that Plaintiff's caste has been mentioned as 'Lingayath' in his school records. His mother's caste is 'ಒಕಕಲಗ' as per her school records. Plaintiff claims the caste of his mother on the basis of his mother's school records. It has been contended that his mother has been looking after him after the death of his father, and therefore, he desires to have the caste of his mother. PW.1, in his oral evidence, has deposed that he wants to change his caste as there is a proposal for marriage. Be that as it may.
23) Defendants' contention is that Plaintiff's suit for declaration of caste is a matter beyond the scope of adjudication. Plaintiff has no cause of action to file this suit. Subject matter of the dispute can only be decided by the 'Caste Verification Committee' formed by the Government under law. This Court has no jurisdiction to entertain the suit.
OS.4401/2019 10
24) Circular No.ED 15 DTB 2016, dated 19.11.2016 issued by Chief Secretary to Government, Primary and Education Department refers various decisions of the Hon'ble Supreme Court and the Hon'ble High Court of Karnataka. It is specifically stated in the Circular that order passed by the Civil Court regarding declaration of caste, shall not be effected and if applicant intends to change his caste in his school records, application shall be filed before the 'Caste Verification Committee'. Relevant para of the Circular reads as follows :
"ಮಮಲನನತತ ಕಕನನನರ ಕತನಮಶವವ ನಮಡರರವ ನರರಷಷ ಅಭಪಕಪಯದನತತ ಜಕತ ಘತನಮಷಣತ ಕರರತನತತ ಸವಲಲ ನಕನಯಕಲಯಗಳರ ನಮಡರರವ /ನಮಡಲಕಗರವ ಆದತಮಶಗಳನರನ ಜಕರಗತನಳಸತಕಕದದಲಲ. ಇನನನ ಮರನದತ ಅರರದಕರರರ ಶಕಲಕ ದಕಖಲತಗಳಲಲ ಜಕತ ಬದಲಕವಣತ ಬಯಸದದಲಲ ರಲಕಲ ಜಕತ ಪರಶಮಲನಕ ಸಮತಯ ಮರನದತ ಅರರ ಸಲಲಸತಕಕದರದ ."
25) Further, Circular dated 20.04.2020 [ಸನಖತನಖ ಸ4(4)ಶಕ.ದಕ.ವ.ಜಕ.ತ.ಪ-08/2019-20] issued by Government of Karnataka states as follows :
OS.4401/2019 11 " ಸರತತನತಮಲತ ಸನಖತನ ಖ ಸಕಇ 93 ಎಸಎಡ 2017 ರನಕನಕಖ 06.09.2017 ರ ಕನಡಕತ (3) ರಲಲ ಈ ಕತಳಗನನತತ ಇರರತತದತ.
"ಮಕನನ ಸರಮರಚಚ ನಕನಯಕಲಯದ ತಮಪವರಗಳನತತ ಸವಲಲ ನಕನಯಕಲಯಗಳಗತ ಜಕತಗಳ ಬಗತಗ ನರರರಸರವ ಅಧಕಕರ ಇಲಲದತಮ ಇರವವದರನದ, ಸವಲಲ ನಕನಯಕಲಯಗಳರ ಶಕಲಕ ದಕಖಲಕತಗಳಲಲ ಜಕತ ಬದಲಕವಣತ ಬಗತಗ ನಮಡದ ಆದತಮಶಗಳನರನ ಶಕಕಣ ಇಲಕಖತಯರ ಉನನತ ನಕನಯಕಲಯಗಳಲಲ ಮಮಲಲನವ ಸಲಲಸ, ಸನಕತ ಆದತಮಶಗಳನರನ ಪಡತಯಬಹರದರ. ಶಕಲಕ ದಕಖಲತಗಳಲಲ ತಪವಪ ಜಕತ ನಮನದಕಗದದರತ ಶಕಕಣ ಇಲಕಖತಯರ ಅದನರನ ಸರಪಡಸಬತಮಕಕದಲಲ ಸನಬನರಪಟಷ ಅರರದಕರರರ ಮದಲರ ಜಕತ ಪಪಮಕಣ ಪತಪ ಪಡತಯಬತಮಕಕಗದತ ಮತರತ ಅದರ ಆಧಕರದ ಮಮಲತ ಮರನರನ ಕಪಮ ಜರರಗಸಬಹರದರ. ತಹಶಮಲಕದರರರ ನಮಡದ ಜಕತ ಪಪಮಕಣ ಪತಪದಲಲ ಸನಶಯಗಳದದರತ ಅಥವಕ ಅದರನದ ಬಕಧತರಕದವರರ ಮಮಸಲಕತ ಕಕಯದ 1990 ಕಲನ 4(ಬ) ರಡಯಲಲ ಕನದಕಯ ಇಲಕಖತಯ ಉಪವಭಕಗಕಧಕಕರಗಳಗತ ಮಮಲಲನವ ಸಲಲಸಬಹರದರ. ಶಕಲಕ ದಕಖಲಕತಗಳಲಲ ಮರಖತನನಮಪಕಧಕನಯರರ ಯಕವವದತಮ ವಚಕರಣತ ಇಲಲದತ ಪಮಷಕರರ ನಮಡದ ಮಕಹತ ಮಮಲತ ಜಕತಗಳನರನ ನಮನರಸರರತಕತರತ. ಆದದರನದ ಶಕಲಕ ದಕಖಲಕತಗಳಲಲ ನಮನರಸರರವ ಜಕತಯಮ ನತನಜ ಜಕತ ಎನದರ ಪರಗಣಸಲರ ಸಕರನವಕಗರವವರಲಲ."
ಆದದರನದ ಶಕಲಕ ದಕಖಲಕತಗಳಲಲ ತಪವಪ ಜಕತ ನಮನದಕಗದದಲಲ ಸನಬನರಪಟಷ ಅರರದಕರರರ ಮದಲರ ಜಕತ ಪಪಮಕಣ ಪತಪ ಪಡತದರ ಸನಬನಧಸದ ಶಕಲಕ ಮರಖನಸಸರಗತ ಅರರ ಸಲಲಸಲರ ತಳಸರವವದರ. ಹಕಗನ ಸದರ ಜಕತ ಪಪಮಕಣ ಪತಪದ ಆಧಕರದ ಮಮಲತ ಶಕಲಕ ದಕಖಲಕತಗಳಲಲ ಜಕತ ತದರದಪಡ ಮಕಡಲರ ಮರಖನಶಕಕಕರರ ಸನಬನಧಸದ ಕತಕಮತಪ ಶಕಕಣಕಧಕಕರಗಳ ಮರಖಕನತರ ಸನಬನಧಸದ ಉಪನದತಮರಶಕರರ (ಆಡಳತ) ಇವರರಗಳಗತ ಪಪಸಕತವನತ ಸಲಲಸರವವದರ. ಉಪನದತಮರಶಕರರ (ಆಡಳತ) ರವರರ ಪಪಸಕತವನತಯನರನ ಸರತತನತಮಲತಯನತತ ಪರಶಮಲಸ, ದಕಖಲತಗಳರ ಸರ ಇದದರತ ಜಕತ ತದರದಪಡ ಮಕಡಲರ ಆದತಮಶ ನಮಡರವವದರ, ಸದರ ಆದತಮಶದನತತ OS.4401/2019 12 ತದರದಪಡಯಕದ ನನತರ ಶಕಲತಯ ದಕಖಲಕತ ವಹಗಳಲಲ ಉಪನದತಮರಶಕರರ (ಆಡಳತ) ಇವರರ ದದಢಮಕರಸರವವದರ. ಈ ಸನಚನತಗಳನತತ ಕಪಮವಹಸಲರ ರಕಜನದ ಎಲಕಲ ರಲಕಲ ಉಪನದತಮರಶಕರರ (ಆಡಳತ), ಸಕವರಜನಕ ಶಕಕಣ ಇಲಕಖತ ಮತರತ ರಕಜನದ ಎಲಕಲ ಕತಕಮತಪ ಶಕಕಣಕಧಕಕರಗಳರ, ಸಕವರಜನಕ ಶಕಕಣ ಇಲಕಖತ, ಇವರಗತ ತಳಸದತ."
26) In Dharmanna S/o. Melagineppa Sharegar Vs. The Deputy Commissioner [RSA No.816/2006 (PAR), dated 14.02.2014], the Hon'ble High Court of Karnataka was pleased to hold thus :
" 9. Taking into consideration the facts of the present case and the effect of a declaration that would be granted by a Civil Court, the jurisdiction of the civil court is implied by barred and that civil court cannot take cognizance of such a suit. If really the Plaintiff's father had belonged to Scheduled Tribe as is sought to be impressed upon this Court on the basis of the Ex.P11, a school certificate of the father of the Plaintiff issued by the school in which he was studying, nothing comes in the way of the Plaintiff to approach the jurisdictional District Caste Verification Committee as per Rule 4 of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, Etc.) Rules 1992. These rules have been promulgated as per sub Section 1 of Section 13 of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, Etc.) Act, 1990. In such event, concerned District OS.4401/2019 13 Caste Verification Committee would take all steps as per the provisions of the Act and Rules framed therein and will take appropriate action as early as possible. "
27) Same principles of law have been enunciated in (1) Sri.P.S.Venugopal @ P.S.Venu Vs. The Chief Secretary (RSA 155/2015) and (2) Miss.Y.R.Vishalakshi Vs. The Secretary (RFA 1574/2016 dated 01.12.2016). In both judgments, the Hon'ble High Court of Karnataka was pleased to observe that suit relating to declaration of caste is not maintainable. Para-1 of the judgment in the case of Miss.Y.R.Vishalakshi Vs. The Secretary reads as follows :
".......This court while dealing with the similar matter in a case reported in ILR 2014 KAR 5389 [The Government of Karnataka, rep. by Deputy Commissioner and Others Vs. Kumari Shilpa Shrishail Baragadagi and Another.] held that the Civil Courts have no jurisdiction as there is inhibition under Section 9 of C.P.C. as there is a separate forum with respect to correction of the caste certificates or for declaration of the caste constituted under Karnataka Schedule Caste, Schedule Tribes and other Backward Classes (Reservation of Appointments Etc.) Act, 1990. The principles laid down in the above said case reads as follows :- CODE OF CIVIL OS.4401/2019 14 PROCEDURE, 1908 Section 100 Regular Second Appeal suit for declaration of caste and consequential relief of rectification of caste wrongly entered in the school records Claim of the plaintiff, that she belongs to Hindu Hatagar, a backward community caste and the same is wrongly entered in school register as Hindu Lingayat Decreetal of suit, confirmed in appeal Second appeal against Jurisdiction of the Civil Court to grant caste declaration. HELD, Civil Court has no jurisdiction to grant caste declaration. The very suit of the plaintiff is not maintainable in view of inhibition under Section 9 of CPC. FURTHER HELD, as per the provisions of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments Etc.) Act, 1990, a Committee is constituted to verify the income and caste. The said Act has stood amended by Act No.27 of 1997, which received the assent on 29.09.1997. As per Section 4-A, 4-B, 4-C and 4-D have been inserted to Section 4 by virtue of Act 27 of 1997. As per Section 4, a Caste Verification Committee is constituted in all the districts to verify the caste and also the income. As per Section 3(A) of the said Act, an application will have to be made to the Tahasildar who will verify the information, documents and such other materials furnished by the applicant and on such verification if he is satisfied with the correctness of the information, documents and evidence furnished by the applicant, he will issue a caste certificate or income certificate in Forms D, E or F. An appeal is provided under Section 4(A) to the Assistant Commissioner. Rules have been framed in this regard and they have come into force from 08.02.2000 vide Gazette Notification bearing No.SWD 132 SAD 97. Hence, Civil Court's jurisdiction is impliedly barred, more particularly, in the light of an appeal being provided under Section 4(B) OS.4401/2019 15 against an order passed under Section 4(A) by the Tahasildar regarding issuance of caste certificate and income certificate."
28) Learned Counsel for Plaintiff has placed reliance on the judgment passed by the Hon'ble High Court of Karnataka in Mariyamma vs. The Deputy Commissioner, Koppal District, Koppal, [RSA No.1082/2004, dated 24.02.2010], wherein it has been held that "the Trial Court was justified in issuing the mandatory injunction for carrying out appropriate correction of the caste of Plaintiff's son".
29) Facts stated in the judgment (supra) are that plaintiff armed with caste certificate issued by the Competent Authority in respect of her son approached the school authorities seeking for rectification of the school records, and as plaintiff's request was not accepted, suit was instituted. In that background, the Trial Court decreed the suit and the Hon'ble High Court was pleased to hold that OS.4401/2019 16 Trial Court was justified in decreeing the suit of Plaintiff.
30) In this case, Plaintiff seeks declaration of his mother's caste as his caste instead of his father's caste, which is mentioned in his school records and seeks direction to Defendants to mention the same in his school records.
31) It is not the case of Plaintiff that Competent Authority has issued his caste certificate mentioning his caste as 'Gowda' and that on being production of the same to Defendants, they have failed to correct his caste. From the records, it is crystal clear that no such certificate mentioning his caste as 'Gowda' issued by the Competent Authority has been produced before the Court. In that view, Plaintiff cannot avail benefit of the judgment (supra) relied upon by him.
OS.4401/2019 17
32) Plaintiff's further reliance is on the judgment in the case of Sanjeevakumar vs. The State through Brahmpur Police Station, [Criminal Petition No.200645/2015 dated 11.02.2016]. In the said case, petitioner has sought for quashing of criminal proceedings registered against him for having issued the caste certificate to him.
33) Plaintiff has also relied upon the judgment of the Hon'ble Bombay High Court in Anchal vs The District Caste Scrutiny Committee, [Writ Petition No.4905/2018 dated 08.04.2019], wherein it has been held that "the child can claim the mother's caste also in certain cases".
34) From the facts stated in the judgment (supra), it is clear that the District Caste Scrutiny Committee has declined to issue caste certificate to petitioner. The said order has been challenged in the above referred writ petition. The Hon'ble High Court was pleased to remit back the matter to OS.4401/2019 18 District Caste Scrutiny Committee to consider the case of petitioner afresh.
35) From the above conspectus of the law, and from the Circulars issued by the Government of Karnataka, it is clear that Civil Court has no jurisdiction to entertain the suit relating to declaration of caste. All that claim regarding declaration of caste or change in caste can be laid before the Caste Verification Committee of the concerned District as per Rule 4 of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, Etc.) Rules, 1992. In that view, it can be fairly said that Plaintiff has no cause of action to file this suit as this Court has no jurisdiction to entertain the same; accordingly, I answer Issue No.3 in the affirmative and Issue No.4 in the negative. In view of findings on Issues No.3 and 4, Issues No.1 and 2 do not survive for consideration.
OS.4401/2019 19
36) Issue No.5 : For foregoing discussion and findings on Issues No.3 and 4, I pass the following :
ORDER (1) Suit of Plaintiff is hereby dismissed.
(2) No order as to costs.
(3) Draw Decree accordingly.
(Dictated to the Judgment Writer directly on computer, typed matter corrected and then pronounced by me in open court, on this the 17th day of July 2021) (RAMA NAIK) VI Addl.City Civil & Sessions Judge Bengaluru City OS.4401/2019 20 ANNEXURE I. List of witnesses examined on behalf of :
(a) Plaintiff's side :
P.W.1 Sri.Yogesh.P dtd.14.02.2020
P.W.2 Smt.Prema (Jayalakshmi) dtd.05.03.2021
(b) Defendants side : N I L
II. List of documents exhibited on behalf of :
(a) Plaintiff's side :
Ex.P.1 Study Certificate of Plaintiff issued by
Defendant No.1 School dtd.30.08.2012 Ex.P.2 Ration Card in the name of Smt.Prema Ex.P.3 Transfer Certificate of Plaintiff issued by Defendant No.1 School Ex.P.4 Copy of School Record of Smt.B.D.Jayalakshmamma Ex.P.5 Office copy of legal Notice dtd.24.05.2018 Ex.P.6 To Postal Receipts - 6 Nos.
Ex.P.11 Ex.P.12 To Postal Acknowledgments - 3 Nos.
Ex.P.14
Original Aadhaar Card of Smt.Prema.P
Ex.P.15
(Jayalakshmi)
(b) Defendants side : N I L
VI Addl. City Civil & Sessions Judge Bengaluru City OS.4401/2019 21