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The petitioner in this writ petition is seeking to quash the proceedings initiated by respondent No.1 pursuant to the notice issued to the petitioner herein at Annexure-D, dated 29.07.2017 in No.Jani/SWD/D6/CC/CR/2017-18; Annexure-E, dated 13.08.2017 and Annexure-G, dated 15.11.2018 and a writ of mandamus quashing the report issued by respondent No.2 at annexure-A dated 03.08.2004 declaring the caste of the petitioner as "Pariwara" to be illegal and void ab initio.

2. The brief facts of the case are that the petitioner was issued with a caste certificate stating that she belongs to "Nayaka" community classified as Scheduled Tribe under Article 342 of the Constitution of India in respect of State of Karnataka. On the basis of the caste certificate obtained by the petitioner, she was appointed as Hostel Warden in the Department of Social Welfare. This being so, the petitioner continued in the services and attained superannuation on 31.01.2016. It appears that on 14.07.1995, a complaint was lodged before respondent No.2 by one C Gopal, Editor, Harijana Hudaraka Sampadakaru, stating that the petitioner has obtained fake certificate claiming that she belongs to "Nayaka" community, in fact she belongs to "Pariwara" community, which is notified as Backward Class Category-I by the State Government under Article 15(4) and 16(4) of the Constitution of India. It is stated that based on the complaint lodged by the said person, respondent No.2 conducted an enquiry and submitted report to respondent No.3 to take appropriate action and to inform the decision taken by the District Caste Verification Committee as per Annexure-A, on 03.08.2004.

3. It is stated that pursuant to this, the District Caste Verification Committee issued notice to the petitioner to appear as per Annexures-D to G. Aggrieved by the same, the petitioner has filed the present writ petition to quash the said notices.

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4. I have heard learned counsel for the petitioner and learned Special Counsel appearing for the respondent Nos.1 and 2.

5. Learned counsel for the petitioner would submit that during the pendency of the writ petition, "Pariwara" and "Talawara" communities have been included as Synonym with "Nayaka" community by the Constitution (Scheduled Tribes) Orders (Amendment) Act, 2020, dated 29.01.2022 and consequently, the State Government by its order dated 29.10.2022 has deleted "Talawara" and "Pariwara" communities from the list of Backward Class Category-I issued by the State Government on 30.03.2022. It is stated that "Pariwara" and "Talawara" are Synonym to "Nayaka" Scheduled Tribe and is retrospective in light of the Full Bench judgment of this Court in the case of Jayanna vs. The Deputy Commissioner, Chitradurga District and others reported in KLJ 2013 (1) Page No.177(FB), wherein at paragraph 14, it has been held as follows;

7. In light of the Full Bench judgment of this Court in Jayanna's case stated supra, and in light of the submission made by learned counsel for the petitioner that, "Talawara" and "Pariwara" are synonym to "Nayaka" community and they have been held as Scheduled Tribe and the same would be retrospective in effect and reverts back to the Presidential Notification of 1950 Scheduled Caste and Scheduled Tribe Order.

8. In light of the above, this Court is of the considered view that the writ petition needs to be allowed. Accordingly, pass the following: