IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.926/2015(GM-CC) BETWEEN:
H.M. MALLASETTY S/O MYLARASETTY AGED ABOUT 52 YEARS ASSISTANT TEACHER GOVERNMENT LOWER PRIMARY SCHOOL KAKI KOPPALU PERIYAPATNA TALUK RESIDING AT HANASOGE VILLAGE AND POST K.R. NAGARA TALUK MYSORE DISTRICT – 571602.
(BY SRI Y.S. SATISH CHANDRA, ADV.) AND:
..PETITIONER 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF EDUCATION M.S. BUILDING BANGALORE – 560 001.
2. THE DISTRICT OFFICER BACKWARD CLASSES WELFARE DEPARTMENT MYSORE DISTRICT, MYSORE ADICHUNCHANAGIRI ROAD NEAR KAVERI SCHOOL KUVEMBUNAGARA MYSORE – 570 023.
3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS MYSORE DISTRICT D. SUBBAIAH ROAD MYSORE – 570 004.
4. THE BLOCK EDUCATION OFFICER PERIYAPATNA TALUK PERIYAPATNA MYSORE DISTRICT – 571107.
...RESPONDENTS (BY SRI VASANTH V. FERNANDES – HCGP FOR R-1, R-3 AND R-4;
BY SRI B.J. SOMAYAJI – ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE COMMUNICATION DATED 25.06.2014 VIDE ANNEXURE-F, THE ORDER DATED 26.08.2002 VIDE ANNEXURE-K PASSED BY R2 AS THE SAME IS ILLEGAL AND THE CONSEQUENTIAL NOTICE DATED 14.07.2014 OF R3 VIDE ANNEX-G WITH A FURTHER DIRECTION TO CONSIDER THE ORDER DATED 27.03.2000 VIDE ANNEX-C OF THE APPELLATE AUTHORITY AND GRANT ALL OTHER BENEFITS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner filed a present writ petition seeking for issue of writ of certiorari to quash the order dated 25.06.2014 Annexure-F and the order dated 26.08.2002 Annexure-K by respondent No.2 and consequently the notice issued by respondent No.3 dated 14.07.2014 Annexure-G with a direction to consider the order dated 27.03.2000 Annexure-C passed by the Appellate Authority and to grant all benefits.
2. It is the case of the petitioner that on 15.07.1993 the 3rd respondent issued notification notifying the names from the Employment Exchange for recruitment of Assistant Teachers. After following the due procedure the 3rd respondent appointed the petitioner as an Assistant Teacher under OBC Group-B reservation on 14.06.1994. The 3rd respondent upon forwarding the reservation claim of the petitioner for issue of validity certificate, the 2nd respondent-District Officer, Backward Classes Welfare Department, Mysore District, Mysore rejected the same on 18.03.1995. Against which, an appeal was filed before the Appellate Authority- Divisional Commissioner. After hearing the parties, on 30.12.1996 the Divisional Commissioner allowed the appeal, set aside the order passed by the 2nd respondent and remanded for fresh consideration.
3. On remand, once again the 2nd respondent rejected the claim of the petitioner on 17.02.1997. Thereafter, the petitioner filed the appeal in RA:CCI- 12:97-98 before the Appellate Authority, which after considering the entire material on record and considering the Government Order dated 27.03.2000 declared that the annual family income of the petitioner as on that date was less than Rs.10,000/- also declaring that the petitioner is eligible for reservation under OBC Group-B category and set aside the order of the Committee. The said order has reached finality.
4. Thereafter, the petitioner on 24.05.2013 after furnishing the order of the Appellate Authority and documents to the 2nd respondent and also to other Authorities to take action to grant benefits in pursuance of the said order, ultimately submitted the representation to the 1st respondent. In view of the same, it is referred to various Authorities. On 14.11.2013 the 3rd respondent has forwarded a letter to the 2nd respondent to issue of Validity Certificate by referring to the decision of the Appellate Authority. On 25.06.2014 the 2nd respondent has sent a letter informing that it is not permissible to issue validity certificate. On 14.07.2014 the 3rd respondent has issued the notice proposing termination of services by referring to the letter of the 2nd respondent.
5. The petitioner on receipt of the notice, dated 30.08.2014 submitted the explanation and sought for documents referred to therein. On 17.09.2014 the 3rd respondent has forwarded the letters referred to in the notice i.e. 25.06.2014 etc., and it is noticed from that letter that the 2nd respondent has illegally without authority of law has rejected the claim on 26.07.2002 which is not sent to the petitioner so far. On 09.10.2014 the petitioner submitted the explanation to the notice. In spite of the same, the authorities proceed to issue Annexure-F communication dated 25.06.2014. The Deputy Commissioner proceeded to cancel the Validity Certificate of the petitioner by the order dated 26.08.2002, on the basis of the internal correspondent between the Deputy Director and Deputy Commissioner, notice dated 14.07.2014 came to be issues to the petitioner. Hence, the petitioner is before this Court for the relief as sought for.
6. The State Government - Respondent No.1 filed objections to the main writ petition and contended that the petitioner was appointed as an Assistant Teacher in terms of the notification dated 15.07.1993. The caste was mentioned as Madivala which comes under Group ‘B’ category. After verification claim of the petitioner came to be rejected by order dated 18.03.1995. After the second round of litigation the Deputy Commissioner by order dated 27.03.2000 allowed the claim of the petitioner. Subsequently the matter was referred to the District Caste Verification Committee, Other Backward Classes of Minority. The District Caste Verification Committee rejected the claim of the petitioner on 25.06.2014. Therefore, the petitioner is not entitled to any relief and sought for dismissal of the writ petition.
7. Having heard the learned counsel for the parties, it is not in dispute that in response to notification issued by the 3rd respondent notifying the names from the Employment Exchange for the posts of Assistant Teachers, the petitioner came to be appointed on 14.06.1994 under OBC Group ‘B’ reservation. Subsequently the 3rd respondent upon forwarding the reservation claim of the petitioner for issue of Validity Certificate, the 2nd respondent rejected the same. In the second round of litigation, the Appellate Authority namely Mysore Divisional Officer/Appellate Authority by order dated 27.03.2000 considering the entire material on record recorded the findings that the income of the family of the petitioner as on the date of issue of notification was less than Rs.10,000/- and also declares the petitioner is eligible for reservation under OBC Group-B category and set aside the order passed by the District Castes Verification Committee. The operative portion of the order passed by the Appellate Authority on the second occasion reads as under:
“ªÉÄð£ÀAvÉ ¥Àj²Ã°¸À¯ÁV, ªÉÄîä£À«zÁgÀgÀÄ ªÁ¢¹gÀĪÀAvÉ, ¥ÀæwªÁ¢ ¸À«ÄwAiÀÄÄ ªÀiÁrgÀĪÀ DzÉñÀªÀÅ KPÀ¥ÀQëÃAiÀĪÁVgÀĪÀÅ¢®è. ªÁzÀ ªÀÄAr¸À®Ä PÁ¯ÁªÀPÁ±ÀªÀ£ÀÄß ¤ÃqÀ¯ÁVzÉ. PÉêÀ® ¸ÀPÁðj DzÉñÀ DzsÀj¹, vÀ£Àß PÉè ʪÀiï wgÀ¸ÀÌj¹zÁÝgÉA§ ªÁzÀ zÀÈqsÀ¥ÀnÖgÀĪÀÅ¢®è.
¥Àæ²ßvÀ DzÉñÀªÀ£ÀÄß G¯ÉèÃTvÀ ¸ÀPÁðj DzÉñÀzÀAvÉ ¥Àj²Ã°¸À¯ÁV, QæëįÉÃAiÀÄgï ¢£ÁAPÀ:01.01.1994gÀAvÉ ¥ÀƪÁð£ÀéAiÀĪÁV eÁj UÉƽ¸À¯ÁVzÉ. ªÉÄîä£À«zÁgÀgÀ £ÉêÀÄPÁw ¥ÀæQæAiÉÄAiÀÄÄ ¢£ÁAPÀ:31.05.1993 gÀ°è ¥ÀÆtðUÉÆArgÀĪÀÅzÀjAzÀ EzÀÄ CªÀjUÉ C£Àé¬Ä¸ÀĪÀÅ¢®èªÉAzÀÆ RavÀªÁVzÉ. ¸ÀPÁðj DzÉñÀ ¸ÀASÉå.J¸ïqÀ§Äè å J¯ï-66-©¹J:86. ¢£ÁAPÀ:13.10.1986 gÀ£ÀÄß ¥Àj²Ã°¸À¯ÁV, ªÀÄrªÁ¼À eÁwAiÀÄÄ ‘©’ UÀÄA¦£À°è ¸ÉÃ¥ÀðqÉAiÀiÁVzÉ. DzÁAiÀÄ ªÁ¶ðPÀ gÀÆ.10,000-00 ¤UÀ¢¥Àr¸À¯ÁVzÉ. DzÀgÉ ¸ÀPÁðj DzÉñÀ ¸ÀASÉå.r¦JDgï- 28-J¸ï©¹:1986 ¢£ÁAPÀ:12.12.86 gÀAvÉ C¨sÀåyðAiÀÄ PÀÄlÄA§zÀ MlÄÖ DzÁAiÀÄ CªÀgÀÄ Cfð ¸À®è¹zÀ ¢£ÁAPÀzÀ¯Éè EzÀÝAvÉ ¥ÀjUÀuɸÀ¨ÉÃPÁUÀjgÀÄvÀÛzÉ. zÁR¯ÉUÀ¼À ¥ÀæPÁgÀ ªÉÄîä£À«zÁgÀgÀ vÀAzÉAiÀĪÀgÀ «ZÁgÀuÁ ¸ÀªÀÄAiÀÄzÀ°è ¦AZÀt DzÁAiÀÄ gÀÆ:1003-00 EzÀÝgÀÆ, CªÀgÀÄ £ÉêÀÄPÁwUÉ Cfð ¸À°è¹zÀ ¸ÀªÀÄAiÀÄzÀ°è 1990-91 gÀ°è CªÀgÀ vÀAzÉAiÀÄÄ gÀÆ.773-00 ªÀiÁ¹PÀ ¤ªÀÈwÛ ªÉÃvÀ£ÀªÀ£ÀÄß ¥ÀqÉAiÀÄÄwÛzÀÄÝ, ªÁ¶ðPÀ gÀÆ.9,276.00 ªÀgÀªÀiÁ£À DUÀĪÀÅzÀjAzÀ, ¸ÀPÁðj DzÉñÀ ¢£ÁAPÀ:13-10-1986gÀ C£ÀĸÁgÀ CªÀgÀÄ ‘©’ UÀÄA¦£À «ÄøÀ¯ÁwUÉ CºÀðgÁVgÀÄvÁÛgÉ JA§ ªÁzÀ ¸ÀªÀÄAd¸ÀªÁVzÀÝgÀÆ, CzÀ£ÀÄß ¥ÀæwªÁ¢UÀ¼ÀÄ ¥ÀjUÀt¸ÀzÉà EgÀĪÀÅzÀÄ PÀAqÀħgÀÄvÀÛzÉ. ¥Àæ²ßvÀ DzÉñÀzÀ°è G¯èÉÃTvÀ DzÉñÀ r¦JDgï-28-J¸ï©¹-1986, ¢:12-12-1986 C£ÀÄß ¥Àj²Ã°¸À¯ÁV C¨sÀåyðAiÀÄÄ PÁ£ÀÆ£ÀÄ jÃvÁå ¨ÉÃ¥ÀðnÖzÀÝgÀÆ CªÀgÀ GvÀà£ÀßPÉÌ vÀAzÉ:vÁ¬ÄAiÀĪÀgÀ DzÁAiÀĪÀ£ÀÄß ¸ÉÃj¹ PÀÄlÄA§zÀ ªÁ¶ðPÀ DzÁAiÀÄ ¥ÀjUÀt¸À¨ÉÃPÁVgÀĪÀÅzÀÄ. DzÀgÉ ¥Àæ¸ÀÄÛvÀ ¥ÀæPÀgÀtzÀ°è CfðzÁgÀg PÀÄlÄA§zÀ MlÄÖ ªÁ¶ðPÀ DzÁAiÀÄ CªÀgÀÄ Cfð ¸À°è¹zÀ ¸ÀªÀÄAiÀÄzÀ°è gÀÆ.9,276-00 ªÀiÁvÀæ DVzÀÄÝ EzÀÄ ¸ÀPÁðgÀzÀ ¢£ÁAPÀ:13- 10-86 gÀ°è£À DzÉñÀzÀ°è£À «Äw gÀÆ.10,000-00 gÉƼÀUÉ EgÀĪÀÅzÀjAzÀ, CfðzÁgÀgÀÄ N.©.¹. ‘©’ UÀÄA¦£À «ÄøÀ¯Áw £ÉêÀÄPÁwUÉ CºÀðgÁVgÀÄvÁÛgÉ. DzÀÄzÀjAzÀ ¥Àæ²ßvÀ DzÉñÀªÀ£ÀÄß gÀzÀÄÝ¥Àr¹, ªÉÄị̂À«AiÀÄ£ÀÄß ¥ÀÄgÀ¸ÀÌj¸À¯ÁVzÉ.”
8. Admittedly the said order passed by the Appellate Authority declaring that the petitioner is eligible for appointment to the post of Teacher under OBC Group-B category has reached finality. Once the order passed by the Appellate Authority has reached finality, why the representation made by the petitioner has again referred to 2nd respondent by the 3rd respondent to issue Validity Certificate is not forthcoming and the 2nd respondent District Castes Verification Committee proceeded to pass the impugned order at Annexure-F on 25.06.2014 which is erroneous and against the order passed by the Appellate Authority and the same cannot be sustained.
9. Though, the 2nd respondent referred the order passed by the Appellate Authority dated 27.03.2000 still, proceeded to declare that the Caste Certificate issued to the petitioner is invalid, which is totally without jurisdiction. Relying upon the notification dated 14.02.1986 which would applicable with effect from 01.01.1994. Admittedly the notification was issued on 15.07.1993. Therefore, the said notification is not applicable to the facts and circumstances of the present writ petition. Even otherwise, once the Appellate Authority under the provisions of Karnataka Scheduled Castes/Scheduled Tribes Act, 1990 has declared by the order dated 27.03.2000 holding the petitioner’s annual income at Rs.9,276/- as per the Government Notification dated 13.10.1986 and he is eligible for appointment for the post of Assistant Teacher under OBC Group-B Category, again the District Castes Verification Committee cannot go beyond the order passed by the Appellate Authority unless it is set aside by any Higher Authority, State Government or before this Court. In the absence of challenge to the order passed by the Appellate Authority on 27.03.2000, the District Castes Verification Committee cannot dilute the order passed by the Appellate Authority and reject the Validity Certificate issued in favour of the petitioner.
10. Though the several contentions raised in the statement of objections, the facts remains that the order passed by the Appellate Authority on 27.03.2000 in RA:CCI-12:97-98 declaring that the petitioner is eligible for reservation under OBC Group-B category, the District Castes Verification Committee cannot again declare the Caste, which is totally without jurisdiction. Therefore, the impugned order cannot be sustained.
11. In view of the aforesaid reasons, the writ petition is allowed, the impugned order passed by the District Caste Verification Committee dated 25.06.2017 at Annexure-F and the order dated 26.08.2002 at Annexure-K by the 2nd respondent cannot be sustained. Consequently the Annexure-G notice issued is also liable to be quashed. Accordingly, Annexures - F, G and K are hereby quashed. Respondents are directed to implement the order passed by the Appellate Authority as per Annexure-C dated 27.03.2000 in RA:CCI-12:97- 98 proceedings, in accordance with law.
SBS* CT:bm Sd/- JUDGE