Karnataka High Court
Mr K M Shivaprakash vs The State Of Karnataka on 19 June, 2019
Equivalent citations: AIRONLINE 2019 KAR 1441
Author: B.Veerappa
Bench: B. Veerappa
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2019
BEFORE
THE HON'BLE MR. JUSTICE B. VEERAPPA
WRIT PETITION No.56095/2014(GM-CC)
BETWEEN:
MR. K. M. SHIVAPRAKASH,
S/O MR.K.M.VEERAIAH,
AGED ABOUT 50 YEARS,
R/AT NO.130, 6TH MAIN,
6TH CROSS, RPC LAYOUT,
VIJAYANAGAR 2ND STAGE,
BANGALORE-560 040.
... PETITIONER
(BY SRI P.S. RAJAGOPAL, SENIOR COUNSEL FOR
SRI IRISHAD AHMED B.M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
PUBLIC WORKS DEPARTMENT,
VIKASA SOUDHA,
BANGALORE-560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
2
WATER RESOURCES DEPARTMENT,
VIKASA SOUDHA,
BANGALORE-560 001.
3. THE COMMISSIONER
SOCIAL WELFARE DEPARTMENT,
M.S.BUILDING,
BANGALORE-560 001.
4. THE DISTRICT CASTE VERIFICATION COMMITTEE,
REP. BY THE DEPUTY COMMISSIONER
BELLARY DISTRICT,
BELLARY-583 101.
5. THE DISTRICT SOCIAL WELFARE OFFICER
BELLARY DISTRICT,
BELLARY-583 103.
6. THE TAHSILDAR
BELLARY TALUK,
BELLARY-583 101.
7. THE ADDL. DIRECTOR GENERAL OF POLICE
CIVIL RIGHTS ENFORCEMENT DIRECTORATE,
PALACE ROAD,
BANGALORE-560 001.
8. THE SUPERINTENDENT OF POLICE
DIRECTOR OF CIVIL RIGHTS ENFORCEMENT
DIRECTORATE,
DAVANAGERE DISTRICT,
DAVANAGERE-577 001.
... RESPONDENTS
(BY SRI C. JAGADEESH, SPECIAL COUNSEL)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED PROCEEDIGNS DATED 16.5.2006
VIDE ANNEXURE-A, PASSED BY THE R4 & R5 AND ALSO TO
QUASH THE IMPUGNED ORDER DATED 29.11.2014 PASSED
BY THE 3RD RESPONDNET AS PER ANNEXURE-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The petitioner has filed the present writ petition for the following reliefs:
i) Issue an appropriate writ, order or
direction in the nature of certiorari
quashing the impugned proceedings dated 16.5.2006 vide Annexure-A passed by the Respondent Nos.4 and 5.
ii) Issue an appropriate writ, order or
direction in the nature of certiorari
quashing the impugned order dated
29.11.2014 passed by the 3rd respondent vide Annexure-B. 4
2. It is the case of the petitioner that he belongs to 'Beda Jangam' caste which comes under Scheduled Caste category. Inspite of the same, the authorities have not issued the caste certificate. Therefore the petitioner and his brothers approached this Court by filing Writ Petition Nos.7235-38/1993 (GM). This Court after hearing both the parties by the interim order dated 9.7.2013 directed the 6th respondent - Tahsildar to issue 'Beda Jangam' caste certificate in favour of the petitioner. Accordingly, the Tahsildar issued the Caste Certificate on 24.7.1993. Thereafter the petitioner was appointed as an Assistant Engineer under the Scheduled Caste quota in the year 1994 in the 2nd respondent department and presently is working as Assistant Executive Engineer.
3. It is further case of the petitioner that in pursuance of the order passed by this Court dated 27.1.1995, the State Government constituted a Committee to reconsider the claim of the petitioner and such others by adopting due 5 process of law and following the guidelines issued by the Apex Court in the case of Madhuri Patil v. Commr, Tribal Development reported in (1994)6 SCC 241. It is contended that the State Government has constituted a Committee headed by Suryanath Kamath, to enquire into the existence, traditions and customs of the 'Beda Jangam' community in the State of Karnataka. The said Committee after conducting a detailed enquiry, submitted report to the State Government identifying Beda Jangam's existence, traditions and customs as per Annexure-G.
4. It is further case of the petitioner that after appointment, it is the duty of the employee to produce before the Appointing Authority the certificate issued by the District Caste Verification Committee regarding the validity of the caste certificate. The 4th respondent - District Caste Verification Committee by the proceedings dated 16.5.2006 held that the petitioner belongs to 'Hindu Aiyyagolu Jangama, Veerashaiva' community. Aggrieved by the said 6 order, the petitioner filed appeal before the Appellate Authority - Commissioner of Social Welfare Department in Appeal No.CR 18/06-07 and the Appellate Authority dismissed the appeal confirming the order passed by the fourth respondent - District Caste Verification Committee. Hence the present writ petition is filed.
5. I have heard the learned counsel for the parties to the lis.
6. Sri P.S.Rajagopal, learned Senior Counsel for the petitioner vehemently contended that the impugned Order passed by the fourth respondent-original authority/District Caste Verification Committee confirmed by the third respondent-the appellate authority, is in utter violation of the provisions of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc) Rules, 1992 ('1992 Rules' for short). He further contended that though the original authority 7 consisted of four members, admittedly, the impugned Order at Annexure-A is signed by only two members which is impermissible, in view of the 1992 Rules stated supra. Therefore, he sought to quash Annexure-A passed by the fourth respondent. He further contended that a specific contention was raised before the third respondent about the validity of the resolution signed by only two members. Unfortunately, the third respondent has not adverted to '1992 Rules' and proceeded to dismiss the appeal holding that the appeal is devoid of merits. Therefore, he sought to quash the orders passed by the original authority confirmed by the appellate authority.
7. In support of his contentions, learned Senior Counsel for the petitioner relied upon:
(1) The dictum of the Hon'ble Supreme Court in the case of GM, Indian Bank vs. R.Rani and another reported in (2007)12 SCC
796.(paragraph 8 and 9) and;8
(2) The dictum of this Court in W.P.No.112132/2014 dated 14.11.2015;
to the effect that the order signed by only the Chairman of the District Caste Verification Committee has to be quashed on the simple ground that it is not signed by the other members of the Committee.
8. Per contra, Sri C.Jagadeesh, learned Special Counsel for the respondents sought to justify the impugned Order passed by the original authority confirmed by the appellate authority. He submits that the proceedings were conducted by all the members, but unfortunately, it is signed by only two members. The submission is placed on record.
9. Having heard the learned counsel for the parties, it is undisputed fact that, in pursuance of the interim order dated 09.07.1993 passed by this Court in W.P.Nos.7235- 38/1993, the Tahsildar, Ballari, i.e., the sixth respondent, 9 on 24.07.1993 issued caste certificate in favour of the petitioner that he belongs as 'Beda Jangam' caste which comes under Scheduled Caste category. The same is not disputed. It is also undisputed fact that the petitioner came to be appointed as Assistant Engineer under Scheduled Caste quota and is presently working as Assistant Executive Engineer. In order to verify the validity of the certificate, petitioner produced the certificate issued by the District Caste Verification Committee under the provisions of Rules 6 and 7 of the '1992 Rules'. The meeting of the District Caste Verification Committee dated 16.05.2006 was presided over by the Deputy Commissioner; Deputy Secretary, Zilla Panchayath; Tahsildar, Hadagli, and District Social Welfare Officer, and passed the Orders holding that the petitioner belongs to Hindu Aiyyagola Jangama Veerashaiva caste. Rule 4 of the '1992 Rules', reads as under:
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4. Caste Verification Committee- 1) There shall be a 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 Panchayat;
3) The Tahsildar 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 verify the Caste Certificate issued in respect of the persons belonging to Scheduled Castes or Schedules Tribes which shall consist of the following members, namely.-
(i) An Officer not below the rank Chairman
of Special Deputy Commissioner
appointed by the State
Government
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(ii) The Assistant Commissioner of Member
the Sub Division
(iii)The Tahsildar of the Taluk Member
(iv) The District Social Welfare Member
Officer
10. A careful perusal of the said provision makes it clear that the Deputy Commissioner of the concerned District shall be the Chairman, the Deputy Secretary (Administration) of the Zilla Panchayat, the Tahsildar of Taluk are members and the District Social Welfare Officer shall be the Member Secretary. Admittedly, in the present case, petitioner obtained the Caste Certificate to the effect that he belongs to 'Beda Jangam' caste, in pursuance of the interim order passed by this Court stated supra which was issued by the Tahsildar, Ballari, on 24.07.1993. If it is so, the very constitution of the District Caste Verification Committee consisting of Tahsildar, Hadagali, is without any basis and contrary to Rule 4 of the '1992 Rules'. 12
11. Even assuming that the four members of the committee presided over the meeting, still the proceedings is signed by only two members, which is also against Rule 4 of the Rules. The same cannot be sustained as is not a decision taken by the Committee at all. It is also not in dispute that the petitioner has taken a specific ground before the appellate authority about constitution of District Caste Verification Committee. Unfortunately, the Appellate Authority has deliberately proceeded to decide on merits of the case holding that the petitioner has not made out any case and appeal is devoid of merits and petitioner does not belong to Beda Jangam.
12. When the legislature intended to constitute a specific committee i.e., District Caste Verification Committee consisting of members stated in the Rules, all the members should hold the proceedings and apply their mind and then, sign the proceedings. Admittedly, in the 13 present case, third member i.e., the Tahsildar, Hadagali, who is not concerned with the petitioner's case, should not have participated, since, the Tahsildar, Ballari, is the concerned authority. Even otherwise, the proceedings signed by only two members is impermissible under the Rules. The said aspect has not been considered by the District Caste Verification Committee as well as the Appellate Authority. The petitioner is unnecessarily driven before this Court. On this short ground alone, the order passed by the original authority confirmed by the Appellate Authority are liable to be quashed and the matter requires reconsideration.
13. For the reasons stated above, writ petition is allowed. The Order passed by the original authority confirmed by the Appellate Authority vide Annexures-A and B are hereby quashed. The matter is remanded to the District Caste Verification Committee for reconsideration, afresh, with a direction to the District Caste Verification 14 Committee to consider the claim of the petitioner after considering the documents pass appropriate orders strictly in consonance with the provisions of Rule 4 of the '1992 Rules' and the dictum of the Hon'ble Supreme Court in the case of Madhuri Patil vs. Commissioner, Tribal Development, reported in (1994)6 SCC 241, within a period of two months from the date of receipt of certified copy of this Order. All the contentions of both the parties are kept open to be urged before the District Caste Verification Committee.
The petitioner shall appear before the District Caste Verification Committee on 08.07.2019.
Sd/-
JUDGE Paras 1 to 5 .. gss/-
Paras 6 to end ... kcm/-