IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.4182 OF 2017 (GM-CC) BETWEEN:
GIRIJA D/O GOVINDAPPA W/O K.R. RAJANNA AGED ABOUT 57 YEARS OCC: SENIOR ACCOUNTANT DIRECTOR OF ACCOUNTS GPO R/O NO.35:1,KARIYAPPA LAYOUT 4TH CROSS, 2ND STAGE, RMV BENGALURU-94.
… PETITIONER (BY SRI.PRAVEEN KUMAR RAIKOTE, ADV.) AND:
THE DISTRICT CASTE VERIFICATION COMMITTEE BY ITS SECRETARY THE DISTRICT SOCIAL WELFARE OFFICER SAMPANGIRAMNAGAR, BENGALURU -27.
… RESPONDENT (BY SRI. C. JAGADEESH, SPL. COUNSEL) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND ALLOW THE PETITION; QUASH THE IMPUGNED NOTICE AT ANNEXURE-D DTD:10.1.2017 ISSUED BY THE RESPONDENT HEREIN AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Praveen Kumar Raikote, learned counsel for the petitioner.
Sri.C.Jagadeesh, learned Special Counsel for the respondent.
The petition is admitted for hearing. With the consent of learned counsel for both parties, the same is heard finally.
2. In this petition, the petitioner inter alia has assailed the validity of notice dated 10.01.2017 issued by the District Caste Verification Committee, Bengaluru.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the District Caste Verification Committee, Bengaluru has issued the Caste Certificate to the petitioner on 19.06.2015. However, the District Caste Verification Committee, Bengaluru, nearly after a period of two years has issued the impugned notice. It is further submitted that the impugned notice is passed without jurisdiction as the District Caste Verification Committee has no power of review.
4. In support of his submission, learned counsel for the petitioner has placed reliance on the decision of the Division Bench of this Court passed in Writ Appeal No.604/2007(GM-CC) dated 26.11.2012.
5. On the other hand, learned Special Counsel for the respondent submits that the District Caste Verification Committee has no power of review.
6. In view of the aforesaid submission and for the reasons assigned by the Division Bench of this Court in the judgment dated 26.11.2012 in Writ Appeal No.604/2007(GM-CC), the impugned notice dated 10.01.2017 is quashed.
7. Needless to state that any person aggrieved shall be at liberty to recourse to the remedy of appeal as provided under the Karnataka SC/ST and other BC (Reservation of Appointments, Etc.) Act, 1990.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-