Karnataka High Court
Srikanth R vs The State Of Karnataka on 12 May, 2015
Author: Anand Byrareddy
Bench: Anand Byrareddy
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MAY 2015
BEFORE
THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION NO. 12304 OF 2015 (GM-RES)
BETWEEN:
Srikanth R
S/o Ramappa B.
Aged about 49 years
R/o 60 Feet Main Road,
Behind Gajanana Complex,
Vinobnagar,
Shivamogga - 577 201
Shimoga District.
... PETITIONER
(By Shri. Pruthvi Wodeyar, Advocate)
AND:
1. The State of Karnataka
Department of Social Welfare
Vikas Soudha,
Bangalore - 560 001
Rep. by its Principal Secretary
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2. Deputy Tahasildar
Shivamogga Taluk
Shivamogga - 577 201
... RESPONDENTS
(By Shri. C Jagadish, Special Counsel)
*****
This petition filed under articles 226 and 227 of the
Constitution of India praying to quash the endorsement dated
17.03.2015 passed by R2 vide Annexure - G and etc.,
This petition coming on for orders, this day, the court made
the following:
ORDER
Heard the learned counsel for the petitioner.
2. The petition is filed on a limited ground, namely, that the petitioner has not been heard and material produced by him has not been considered in passing the impugned order. The background is as follows:
The petitioner is said to belong to the 'Bhovi' caste by birth and he had married one Uma, his wife in the year 1994 and they have 3 a child by name Nikitha, now aged 17. His wife however, belonged to the 'Ganiga' caste by birth, which is treated as belonging to OBC - Category-II. The petitioner belongs to a Scheduled Caste notified under Article 341 of the Constitution of India. It transpires that when the petitioner's daughter Nikitha was admitted to School when the petitioner and his wife were residing in Shimoga, it transpires that his wife by inadvertence, had entered the caste of Nikitha as 'Ganiga', though she took the caste of her father, on the petitioner's marriage with Uma, who did belong to the 'Ganiga caste'. The daughter of the petitioner after having completed her II Year PUC and when intending to take the Common Entrance Test for Professional Courses, that the discrepancy had come to light and it was realized that she would be deprived of benefits that would be extended to the persons belonging to the Scheduled Caste, which she indeed was. Therefore, an application had been made before the competent authority seeking the issuance of a Caste Certificate showing Nikitha as belonging to the 'Bhovi' caste though as per the school records, her caste was indicated as 'Ganiga'. The Tahsildar having rejected such a 4 prayer even though material documents had been produced to establish the case of the petitioner, the petitioner is before this Court.
It is seen from the impugned order that the Tahsildar has passed a cryptic order rejecting the application, though it is claimed that the petitioner had produced complete documents to establish his case that his daughter belonged to the 'Bhovi' Caste and not to 'Ganiga' caste. It is in this background that the petitioner is before this Court.
3. The learned counsel Shri C. Jagadish, Special counsel appearing for the respondents would submit that the order having been passed by the competent authority whether right or wrong, would not afford the authority any further power to review the order and the question of reconsidering the order would not arise. The petitioner is armed with the right of appeal under the provisions of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment Etc) Act, 1990 and hence, the remedy is to file an appeal and the present petition is misconceived.
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4. However, it is to be noticed that there is no finding of fact in holding that the petitioner's daughter did not belong to the 'Bhovi' caste. It is a mere rejection. Hence, it is certainly to be said that the order passed by the competent authority was in violation of principles of natural justice, if the material produced was not taken into account and finding of fact arrived at as to whether or not that the daughter of the petitioner was entitled to issuance of a caste certificate showing her as belonging to 'Bhovi' caste instead of 'Ganiga' Caste.
Since the competent authority certainly has the power to reconsider its order, it would be in the interest of justice if the matter is reconsidered with reference to the material documents and thereafter, a reasoned order is passed.
Accordingly, the petition is considered for final disposal even at this stage and the petition is allowed. The impugned order is quashed. The matter is remitted to the Tahsildar, the competent authority for fresh consideration on the basis of material produced by the petitioner in support of the case of his daughter, which shall be considered in accordance with law.
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The learned counsel Shri Jagadish is permitted to file his memo of appearance within two weeks.
The Tahsildar shall consider the matter and dispose of the same, within a period of six weeks if not earlier.
Sd/-
JUDGE KS