Karnataka High Court
R Kalyan S/O R Venkatanarayana, vs The Deputy Commissioner, on 3 September, 2014
Author: B.V.Nagarathna
Bench: B.V. Nagarathna
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 3RD DAY OF SEPTEMBER 2014
BEFORE
THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA
WRIT PETITION NO.104159/2014 (GM-CC)
BETWEEN
R KALYAN S/O R VENKATANARAYANA,
AGED: 27 YEARS, OCC: STUDENT,
R/O: F-6, GAVI KRUPA APARTMENTS,
3RD MAIN ROAD, PARVATHI NAGAR,
BELLARY. ... PETITIONER
(BY SRI. LAXMI NARAYAN SR. COUNSEL &
SRI. AMARE GOUDA, ADVS.)
AND
1. THE DEPUTY COMMISSIONER,
BELLARY.
2. TAHSILDAR, BELLARY TALUKA,
BELLARY. ... RESPONDENTS
(BY SMT K.VIDYAVATHI, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE REPORT/LETTER SUBMITTED TO DEPUTY
COMMISSIONER BY THE TAHSILDAR, BELLARY ON
04/02/2014 ANNEXURE-H AND DEPUTY COMMISSIONER
BELLARY LETTER ON 21/02/2014 AT ANNEXURE-J AND
ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Petitioner has assailed the Report submitted by the second respondent - Tahasildar, Bellary Taluk (Annexure - H) and the communication issued by the first respondent - Deputy Commissioner, Belgaum (Annexure - J) and has sought a direction to the second respondent to consider his application with regard to the issuance of his caste certificate.
2. The facts in a nutshell are that petitioner claims to belong to Scheduled Tribe (Valmiki Community) and has also obtained a caste certificate to that effect from the competent authorities. He had applied to the post of Assistant Central Intelligence Officer, Grade II, Executive in Intelligence Bureau which is a Central Government post. In support of his caste, he has produced the caste certificates issued by the Authority which are at Annexures - B, B1, B2, B3, B4 and B5. Pursuant to his selection to the said post, the Appointing Authority i.e., the Ministry of Home Affairs Government of India wrote to the Deputy Commissioner, :3: Bellary - first respondent herein to verify the caste certificate produced by the petitioner through the Scheduled Tribe Caste Verification Committee, by its communication dated 26.09.2013, which is produced by the State in its statement of objections as Annexure - R2. In response to that communication, the Authorities have communicated with each other through Annexure
- R3 and Annexure - R5 is stated to be a copy of the Report with regard to the caste verification to be conducted. Subsequently, on the communication of the first respondent, Annexure - R9, order was passed by the second respondent on 12.03.2014 subsequently that is, after filing of the writ petition. Petitioner has assailed Report dated 04.02.2014 (Annexure - H) and letter dated 21.02.2014 (Annexure - J).
3. I have heard the learned Senior counsel for the petitioner and learned AGA for the respondents and perused the material on record, including the documents produced by both sides.
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4. During the course of submission, learned Senior counsel pointed out that under the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, Etc.) Act, 1990 (hereinafter referred to as 'the Act') read with the Rules made thereunder, the caste certificate has to be verified by a Committee, as stated in Rule 4 thereof which is in tandem with Section 4-C of the Act. In the instant case, the Committee has not passed any order with regard to the verification of the petitioner's caste. On the other hand, the Tahasildar has passed an order which is at Annexure - R9, cancelling the caste certificate issued in the name of the petitioner. He stated that what was required to be done pursuant to the communication at Annexure - R2 was to verify the caste certificate issued in the name of the petitioner. But instead the Tahasildar has cancelled the said certificate. It was contended that the Caste Verification Committee ought to have considered the request made by the Central Government through Annexure - R2 in :5: accordance with the Act and Rules and pass orders thereon.
5. Per contra, learned AGA appearing for the respondents has drawn my attention to the documents produced along with the statement of objections to contend that the certificate issued in favour of the petitioner was cancelled after obtaining the Report from the competent authorities and that if the petitioner is aggrieved by the order at Annexure - R9 dated 12.03.2014, then steps could be to assail the same before the appellate authority and that no relief could be granted to the petitioner in this writ petition.
6. Having heard the learned counsel for the parties and on perusal of the material on record, it is noted that the petitioner in support of his appointment in a reserved category had produced the caste certificates issued in Annexure - B series. The Appointing Authority which is the Central Government (Ministry of Home Affairs), sought verification of these :6: certificates. Such a verification can be made under Section 4-C of the Act which reads as under:
4C. Verification of Caste Certificate and Income and Caste Certificate.- (1) The State Government shall constitute one or more Verification Committees for each district consisting of such person or persons as may be prescribed for verification of caste certificate and income and caste certificate issued under section 4A or section 4B.
(2) Any person who has obtained a caste certificate or an income and caste certificate under section 4A or 4B or the appointing authority or any authority making admission to a course of study in the university or any educational institution may make an application to the Verification Committee in such form and in such manner as may be prescribed for issue of a validity certificate.
(3) The Verification Committee may after holding such enquiry as it deems fit within thirty days from the date of the :7: application either grant a validity certificate in a prescribed from or reject the application.
The said section has to be read in conjunction with Rules 4 and 7 which read 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 Panchayath;
(3) The Tahasildar 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 :8: 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 Officer 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
(iv) The District Social Welfare Officer Member
7. Issue of Validity Certificate.-(1) After getting a report on a reference made under Rule 6-A, the Caste Verification Committee and the Caste and Income Verification Committee shall hold an enquiry after giving opportunity to the parties concerned.
(2) The Committee may examine school records, birth registration certificate if any, and such other relevant materials and may also examine any other person :9: who has the knowledge of the community of the applicant:
Provided that in case of an applicant who belongs to the Scheduled Tribes, the Committee may also examine the anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies, method of burial of dead bodies and such other matters.
(3) If on such enquiry the Committee finds that the applicants claim is genuine it may issue the certificate sought for, in Form I-A, but where the committee finds that the applicant obtained the Caste Certificate or Income and Caste Certificate by making a false representation, it shall pass an order rejecting the application indicating the reasons therefore for such refusal. An order under this sub-rule shall be passed within one month from the date of receipt of the application.
(4) Where the Committee even after the enquiry referred to in sub-rules (2) and : 10 : (3) finds that the claim is doubtful, and is not in a position to come to a conclusion it shall refer the matter to the Directorate of Civil Rights Enforcement for detailed investigation and report. On receipt of the report from the Directorate of Civil rights enforcement, the Committee shall dispose off the case on merit, after holding such enquiry as it deems fit and after giving the applicant an opportunity of being heard. An order under this sub-rule shall be made within one month from the date of receipt of the application.
(5) Any person aggrieved by an order of the Caste Verification Committee or Caste and Income Verification Committee may appeal to the Divisional Commissioner.
The Divisional Commissioner shall after giving an opportunity of being heard to both the parties pass such order as he deems fit within forty-five days from the date of filing of such appeal."
7. In fact Rule 4 compromises of the Members of the Committee who have to verify the caste certificate : 11 : issued to the petitioner. In the instant case, pursuant to Annexure - R2, request made by the Ministry of Home Affairs, the Deputy Commissioner as the Chairman of the Caste Verification Committee and other members had to consider the certificates at Annexure - B series, in terms of Section 4-C read with Rule 4 read with Rule
7. It is the Caste Verification Committee that has to consider the certificates at Annexure - B series. Instead by communication made to various Authorities and a Report being obtained in that regard, order at Annexure - R9 has been passed by the Tahasildar cancelling the certificate. The procedure for cancellation of caste certificate is quite distinct and is envisaged under the Act and Rules. What had to be done by the Caste Verification Committee in the instant case was to verify as to whether the certificate was correct or not and then to give the said information to the Appointing Authority as envisaged under Section 4-C of the Act. Instead the second respondent - Tahasildar has cancelled the certificate. That cancellation has not been : 12 : made pursuant to the directions of the Caste Verification Committee as such, but on the directions of the first respondent - Deputy Commissioner. In that view of the matter, the order of cancellation dated 12.03.2014 (Annexure - R9) and Annexure - J are kept in abeyance. The petitioner is however at liberty to assail that order in accordance with law.
8. The first respondent as well as the Competent Authority are directed to consider the caste certificate of the petitioner which are at Annexure - B series in terms of Section 4-C read with Rules 4 and 7 of the Rules and to pass an order in that regard in terms of the same and to communicate the same to the Ministry of Home Affairs, as requested in Annexure - R2 as well as the petitioner. Till such the order is passed, Annexure - R9 and Annexreu - J are kept in abeyance. The said exercise shall be carried out within a period of three months from the date of issuance of the certified copy of this order.
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With the aforesaid directions, the writ petition stands disposed.
In view of the disposal of the writ petition, I.A. No.1/2014 would not survive for consideration and is ordered to be filed.
Sd/-
JUDGE Rsh