Karnataka High Court
M Manikappa S/O Beerappa vs The State Of Karnataka & Ors on 29 November, 2013
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
1
IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED THIS THE 29TH DAY OF NOVEMBER, 2013
BEFORE
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
W.P.No.102627/2013 (GM-CC)
BETWEEN:
M. MANIKAPPA
S/O BEERAPPA
AGE: 60 YEARS,
OCC: DEPUTY REGISTRAR (RETIRED)
GULBARGA UNIVERSITY,
R/O GULBARGA - 585 103
... PETITIONER
(BY GURURAJ RAO KAKKERI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
SOCIAL WELFARE DEPARTMENT
VIDHAN SOUDHA, BANGALORE - 1.
2. THE INSPECTOR GENERAL OF POLICE
OF THE OFFICE OF DIRECTOR OF
CRE, CELL, TECHNICAL
EDUCATION BHAVA, PALACE ROAD,
BANGALORE - 1.
3. THE SUPERINTENDENT OF POLICE
OF THE OFFICE OF DIRECTOR OF
C.R.E. CELL, GULBARGA - 1.
2
4. THE REGISTRAR,
GULBARGA UNIVERSITY
GULBARGA -3.
... RESPONDENTS
(BY SHARANABASAPPA K. BABSHETTY, HCGO FOR R1 - R3;
SRI VEERESH B PATIL, ADV., FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT IN THE NATURE OF MANDAMUS, DIRECTING
RESPONDENT NO.4 TO DISBURSE PENSION AND ALL
TERMINAL BENEFITS WITH ALL CONSEQUENTIAL RELEIF (S).
AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING 'B' GROUP, ON THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This court on 26.11.2013 passed the following order.
"Sri Sunil Kumar, Inspector General of Police, Directorate of Civil Rights Enforcement is present as identified by his learned counsel and submits that petitioner was shown to belong to Indian, Hindu, Dhangar as recorded in the register of admission to the Government High School, Nittur, Tq. Bhalki, Dist. Bidar for the year 1966-69 and that the said caste is a synonym of Kuruba under Category II-A and 3 therefore, disentitled to benefits available to the community known as 'Gond' falling under the Scheduled Tribe under Article 342 of the Constitution of India. The caste certificate, declaring petitioner to belong to 'Gond' community was not issued by the Tahsildar and therefore it is submitted, petitioner cannot lay a claim to pensionery benefits.
Under Rule 7-B of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, Etc.) Rules, 1992, the State Government will have to recover from the petitioner the amount paid by way of scholarship, grant, allowances or other financial benefits on the basis of a false Caste Certificate without prejudice to any other action, is pointed out by the Learned Special Counsel.
Sri. Jagadish, learned Special Government Advocate for CRE, Cell submits that an affidavit enclosing necessary 4 documents relating to the petitioner's social status would be filed.
Learned counsel files a memo enclosing the copies of certain orders of this Court and that of the Apex Court.
Learned counsel hastens to add that petitioner having suppressed the material fact of filing W.P.No.8015/2002 (GM-CC) for reliefs based upon the Caste Certificate, which when dismissed on 05.03.2002, this petition deserves to be rejected.
Sri. Jagadish, learned counsel points to the decision of the Apex Court in Geeta v. State of M.P. & Ors.1, and in particular, to para 22 of the said order observing that where an undeserved candidate occupies the post of deserving candidate in the reserved quota meant for them, in such a situation, the deserving candidate is pushed out of the queue and the constitutional guarantee reserving the post for the deserving candidate is frustrated and that must be 5 stopped. Learned counsel also places reliance upon the decision in Union of India v. Dattatray Namdeo Mendhekar & Ors.2, distinguishing the decision of the Apex Court in State of Maharashtra vs. Milind (2000 AIR SCW 4303) to submit that the admission of students to Educational Institutions will not have the very same bearing on the appointments to post reserved for Scheduled Caste and Scheduled Tribes and is accordingly distinguished.
Learned counsel while pointing out to Annexure-K, Government Order dated 11.03.2002, submits that the Supreme Court did not accept the said Government Order permitting extending benefits to persons who do not belong to the Scheduled Tribes and entitling them to benefits contrary to the constitutional scheme.
In this view of the matter, for the say of the petitioner, call on 29.11.2013.1
2007 AIR SCW 3892 2 AIR 2008 SC 1678 6 The presence of the IGP is dispensed with."
2. The fact that a first information report is filed against the petitioner for offences punishable u/ss.420, 471 and 198 of IPC in Crime No.40/2002 before the JMFC, Bhalki, over the allegations that the petitioner does not belong to 'Gond' community and obtained a social status certificate which is false, the petitioner will have to await a decision in the said criminal proceeding before seeking benefits available to candidates belonging to 'Gond' community a declared Scheduled Tribe under the Notification issued by the State.
Petition being premature, is rejected.
Sd/-
JUDGE AN/-