Indian Kanoon - Search engine for Indian Law

4. The appointments already made in respect of the persons belonging to Pariwara, Talwar, Maaleru, Kuruba, Besta and Koli communities who have obtained employment under ST quota (as Nayaka, Maaleru, Kadu Kuruba, Jenu Kuruba, gond, Rajgond, Kolidhor and Tokrikoli) shall be treated as appointments under GM category w.e.f., the date of this order. They shall not be eligible for any promotion or any other benefits as STs in future. However, they could claim benefits under the respective category of Backward Classes to which they belong as per the existing Government Order."

Paragraphs-3 and 4 are relevant for consideration. The Karnataka State Administrative Tribunal and the Superintendent of Police have mainly relied upon paragraph-4 of the said Government Order wherein it is made clear that the persons who have obtained employment under the ST quota as Nayaka, Maaleru, Kadu Kuruba, Jenu Kuruba, Gond, Rajgond, Kolidhor and Tokrikoli, though they belong to some other community like Pariwara, Talwar, Maaleru, Kuruba, Besta and Koli communities, and obtained the appointments or any promotion, their appointments or promotion shall be treated as appointments under 'General Merit Category' with effect from the date of order i.e., 11.03.2002.

4. Therefore, before passing the order, the Superintendent of Police ought to have satisfied himself that the petitioner belongs to Pariwara, Talwar, Maaleru, Kuruba, Besta and Koli communities and in the guise of sub-caste, he obtained employment under ST quota stating that he belong to sub-caste of Kuruba as 'Gonda' and thereby, misrepresented his caste before the governmental authorities for the purpose of getting appointment. Unless such satisfaction is expressed in the order itself, the said order should not have been sustained by the Karnataka State Administrative Tribunal. The order passed by the second respondent-Superintendent of Police is also placed before this Court at Annexure-A12 dated 27.06.2008 at page No.85. On careful perusal of the said order, it does not disclose that the Superintendent of Police has satisfied himself that the petitioner has given any false or fake caste certificate representing himself as he belong to Gonda community, though he belonged to some other community representing Gonda community as sub-caste of his main community and thereby, obtained certificate from the competent authority. Even otherwise, the District Caste and Income Verification Committee issued a validity certificate vide endorsement dated 20.03.2008. Even the Superintendent of Police did not personally enquired whether the caste certificate produced by the petitioner is fake and actually, he does not belong to Gonda Community and that he belongs to Kuruba Community and representing himself as belonged to sub-caste of Kuruba community i.e., Gonda Community, he obtained appointment. Such a finding is not specifically given by the Superintendent of Police. The Superintendent of Police before passing the order dated 05.01.2008 and 27.06.2008 has not secured any further clarification from the District Verification Committee as to whether the petitioner has obtained any fake caste certificate and produced the same at the time of joining the duty. Under the above facts and circumstances, we are of the opinion that the Karnataka State Administrative Tribunal has not looked into these particular aspects with reference to the objections filed by the petitioner before the Superintendent of Police.