IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.44972 OF 2016 (GM-CC) BETWEEN:
DIVYA S.
S/O SHEKARKUNDAR, AGED ABOUT 27 YEARS, WORKIN AS PANCHAYAT DEVELOPMENT OFFICER, POST BRAHMAVARA, UDUPI TALUK AND DISTRICT AND R/AT DIVYASHREE HOUSE, KELARKALABETTU POST, UDUPI TALUK, PINCODE - 576105.
... PETITIONER (BY SRI NARAYANA BHAT M., ADVOCATE) AND:
1. STATE OF KARNATAKA REP BY ITS SECRETARY, DEPT. OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, VIKASA SOUDHA, BENGALURU 560001 2. COMMISSIONER FOR S C AND ST AND THE APPELLATE AUTHORITY, GOVT OF KARNATAKA, M.S. BUILDING, BENGALURU 560001 3. THE CASTE VERIFICATION COMMITTEE REP BY ITS MEMER - SECREARY AND THE DISTRICT SOCIAL WELFARE OFFICER, CHIKKAMAGALUR 577101 4. THE DEPUTY COMMISSIONER AND CHAIRMAN OF THE DISTRICT CASTE VERIFICATION COMMITTEE, CHIKKAMALUR DISTRICT, CHIKKAMAGALUR 577201 5. THE TAHASILDAR KADUR TALUK, KADUR, CHIKKAMAGALUR DISTRICT 577201 6. THE TALUK SOCIAL WELFARE OFFICER KADUR TALUK, KADUR, CHIKKAMAGALUR DISTRICT 577201 7. THE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT REP BY THE SUPERINTENDENT OF POLICE, D.K. DISTRICT, MANGALORE REGIONAL OFFICE, MANGALORE DEVELOPMENT AUTHORITY BUILDING, URVA STORES, MANGALORE 570006 8. UDUPI ZILLA PANCHAYATH REP BY ITS CHIEF EXECUTIVE OFFICER, UDUPI 576101 9. THE DEPUTY COMMISSIONER UDUPI DISTRICT, UDUPI 576101 ... RESPONDENTS (BY SRI.C JAGADEESH, SPL.G.A. FOR R1 TO R7 AND R9; SRI.ASHOK N. NAYAK, ADVOCATE FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER; QUASH THE ORDER MADE IN APPEAL NO.CR 28/2014-15, DTD.6.8.2016 VIDE ANNEX-C PASSED BY THE R-2 AND THE ORDER BEARING NO.G.SA.KA.A/KA.A./CR 3/2013-14, DTD.6.11.2014 VIDE ANNEX-A35 PASSED BY THE R-4 AS THE SAME ARE OPPOSED TO THE ARTICLES 14, 16 AND 21 OF THE CONSTITUTION OF INDIA AND IS OPPOSED TO LAW LAID DOWN BY THIS HON'BLE COURT AND THE HON'BLE APEX COURT; DIRECT THE RESPONDENTS TO GRANT ALL CONSEQUENTIAL BENEFITS CONSEQUENT UPON QUASHING THE ABOVE ORDERS AND FURTHER DIRECT THEM TO ISSUE A CASTE VALIDITY CERTIFICATE CERTIFYING THEAT SHE BELONGS TO SCHEDULE CASTE; HOLD THAT THE PETITIONER BELONGS TO SCHEDULED CASTE COMMITTEE HAVING REGARD TO THE DOCUMENTS PLACED BY HER BEFORE THE RESPONDENTS AND FURTHER HOLD THAT CANCELLATION OF THE CASTE CERTIFICATE ISSUED TO HER IS ILLEGAL ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Narayana Bhat M., learned counsel for the petitioner.
Sri.C. Jagadeesh, learned Special Government Advocate for respondent Nos.1 to 7 and 9.
Sri Ashok N. Nayak, learned counsel for respondent No.8.
The petition is admitted for hearing. With the consent of the parties, it is heard finally.
2. In this petition filed under Article 226 of the Constitution of India, the petitioner inter alia seeks quashment of the order passed by the Appellate Authority under Section 4-D of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc) Act, 1990, as well as the order dated 06.11.2014 passed by the District Caste Verification Committee.
3. Facts giving raise to the finding in the writ petition briefly stated are that, as per the averments made in the writ petition, the mother of the petitioner belongs to the Scheduled Caste, whereas, the father of the petitioner is a member of the other backward classes. It is the case of the petitioner that due to marital disputes between her parents, her parents were residing separately and petitioner has been brought up by her mother who belongs to Scheduled Caste Community. It has been further averred that the petitioner was appointed as Panchayath Development Officer and there upon submitted an application for verification of the her caste certificate. The District Caste Verification Committee by an order dated 06.11.2014, held that the petitioner does not belong to the Scheduled Caste category. Being aggrieved, the petitioner approached the appellate authority and who in turn, passed the aforesaid impugned order by affirming the order passed by the District Caste Verification Committee. Being aggrieved, the petitioner has approached this Court.
4. Learned counsel for the petitioner has based his singular contention that the order passed by the District Caste Verification Committee, Chikkamagalur suffers from non-application of mind as much as no reasons is assigned while passing the aforesaid order and affirmed by the Appellate Authority is in a cryptic cavalier manner.
5. On the other hand, learned Special Government Advocate appearing for respondent Nos.1 to 7 and 9, fairly submitted that the order passed by the District Caste Verification Committee does not contain the reasons. However, it is submitted that the Appellate Authority has assigned reasons.
6. Learned counsel for respondent No.8 submitted that in case the matter is remitted to the District Caste Verification Committee, a direction in the time bound manner may be given to decide the issue with regard to the social status of the petitioner.
7. I have considered the submissions made by the learned counsel for both parties and perused the records.
8. It is trite law that even a quasi-judicial authority is required to assign reasons for passing the order. In view of the decision laid down by the Supreme court in ‘VICTORIA MEMORIAL HALL vs. HOWRAH GANATANTRIK NAGRIK’, 2010 (3) SCC 732, reasons were held to be the heartbeat of every conclusion, apart from being an essential feature of the principles of natural justice, that ensure transparency and fairness, in the decision making process.
9. In view of the aforesaid enunciation of law, the facts of the case may be seen and that the relevant extract of the order (English translated) passed by the District Caste Verification Committee reads as under:
“When the above aspects are examined, the concerned candidate has spent her childhood days with her mother as no clear decision could be taken with regard to the customs and traditions adopted by the family, the Tahsildar Koppa has opined on 16.06.2014 that a report could be obtained from the Civil Rights Enforcement Directorate after conducting an enquiry by them. The same opinion is given by the District caste verification committee and the matter was enquired into by the Superintendent of Police, Civil Rights Enforcement Directorate, Mangaluru. The said official has conducted the necessary enquiries and submitted his report (Ref. 4). He has opined that based on the statements of the local residents and the documents, the certificate that she belongs to Moger caste cannot be issued to her.
In this background, before issuing or rejecting the issue of caste verification report to the candidate, the Hon’ble Commissioner, Social Welfare Department, Bengaluru, vide his letter dated 31.07.2014 has informed about the aspects which are to be examined before making any order (Ref. No.5). When such matters come up before the District caste verification committee, before making any order, an opportunity is to be given to the candidate and his/her statement is to be recorded. Accordingly, an opportunity was given on 30.09.2014 and 18.10.2014 to furnish her statement.
The concerned candidate appeared with her advocate and has submitted her written representation. She has cited the cases wherein the judgments in respect of children born out of inter caste marriages delivered by various courts and also the Hon’ble Supreme Court and has requested for issue of caste verification certificate to her.
The report of the District Caste Verification Committee, school records of the candidate, local residents statements and the caste of her father, his residence, etc, are examined in detail and since her father belongs to Category – 1, Mogaveera community, and also the candidate has not suffered any disadvantages faced by the candidates of Scheduled Castes etc. the certificate declaring her as belonging to “Moger” caste cannot be issued to her. In this background, the following is the order:
ORDER No.Ji.saka.a:Ka.a.CR 3/2013-14 Dated:06.11.2014 For the reasons stated in the preamble, Smt. Divya, S., D/o. Yashoda, H.M., “Divya Shree”, Sringeri Road, Hariharapura Post, Koppa Taluk, Chikkamagalur District, presently residing Smt. Divya, S. W/o. Sri Shekar Kundar, “Divya Shree” Kelarkalabettu post, Nejar, Udupi Taluk and District, it is hereby ordered that the caste certificate describing her as “Moger” caste, cannot be issued to her and accordingly her application is hereby rejected.”
10. Thus, from the perusal of the order passed by the District Caste Verification Committee, it is evident that no reason worth has been assigned by the District Caste Verification Committee while passing the impugned order dated 06.11.2014. The impugned order contains the conclusions and the same therefore, cannot be sustained in the eye of law. The order dated 06.11.2014 as well as the order passed by the Appellate Authority dated 06.08.2016, are hereby quashed.
11. The matter is remitted to the District Caste Verification Committee to decide the matter afresh by a speaking order within a period of two months from the date of the receipt of the certified copy of the order passed today. It is made clear that the order shall be passed after affording opportunity to the necessary parties.
In the light of the observations made by this Court in this order and in the light of the law laid down by the Supreme Court in the case of the ‘KUMARI MADHURI PATIL AND ANOTHER vs. ADDITIONAL COMMISSIONER, TRIBAL DEVELOPMENT AND OTHERS’, AIR 1995 SC 94, it is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner. Accordingly, the petition is disposed of.
In the meantime, till the matter is decided by the District Caste Verification Committee, ad-interim order shall continue.
Sd/- JUDGE nvj