IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.46220/2019(GM-CC) MR. JANARDHAN S., S/O. S.SOUNDAR RAJAN, AGED ABOUT 42 YEARS, RESIDING AT NO.41, 2ND CROSS, 1ST MAIN, VINAYAKANAGAR, AUDUGODI POST, BANGALORE-560030.
...PETITIONER (BY SRI KASHINATH J. D., ADVOCATE) AND:
1 . THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT LEVEL CASTE VERIFICATION COMMITTEE BANGALORE URBAN DISTRICT, BEHIND KANDAYA BHAVANA, K.G.ROAD, BANGALORE-560009.
2 . THE JOINT DIRECTOR & MEMBER SECRETARY DISTRICT LEVEL CASTE VERIFICATION COMMITTEE, DEPARTMENT OF SOCIAL WELFARE, BANGALORE URBAN DISTRICT, SAMPANGIRAMA NAGAR, BANGALORE-560027 3 . THE TAHASILDAR BANGALORE SOUTH TALUK, BANGALORE 560009.
…RESPONDENTS (BY SRI C. JAGADISH, SPECIAL COUNSEL) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS DATED 16.11.2018 PASSED BY THE RESPONDENT-1 VIDE ANNEXURE-A AND ALSO QUASH THE CONSEQUENTIAL ORDER DATED 26.06.2018 PASSED BY THE RESPONDENT-3 VIDE ANNEXURE-A1 ARE ONE WITHOUT JURISDICTION AND ARBITRARY EXERCISE OF POWER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has filed the present writ petition for a writ of certiorari to quash the impugned order dated 16.11.2018 Annexure-A passed by respondent No.1 and consequential order dated 26.6.2018, Annexure-A1 passed by respondent No. 3 since they are one without jurisdiction and arbitrary exercise of power.
2. It is the case of the petitioner that he belongs to Soliga Community which is notified as Scheduled Tribe Community by the Government of India in its presidential notification issued under Article 342 of the Constitution of India. His family hails from earlier Mysore District and on account of livelihood, they migrated to Bangalore at the time of his grandfather. He is the only person having education in his entire family and as such, his father and grandfather had no education since they had not studied, but his father Soundar Rajan had learnt to make signature in English as well as in Kannada because of his working climate in Bangalore for his livelihood. It is his further case that, he had taken the certificate from the competent authority-Tahsildar , Bangalore South in the year 1986 i.e., on 9.1.1986 and also at the time of his father. Thereafter, he completed his X Standard in the year 1993 and secured II Class. Thereafter, he completed the NTC Course for his livelihood. All the school records disclose that he belongs to Scheduled Tribe Soliga Community as per the certificate issued by the Tahsildar on the basis of which, the petitioner got appointment as a Technician Trainee (Fitter) at HAL, Bangalore Complex in Design Section on 4.2.2006. The said appointment was made on trainee basis by the HAL and the said post was not reserved for ST category by the HAL, but the petitioner claimed reservation at the time of submitting the application to the post of Technician. On 4.2.2006, the HAL had issued an appointment letter to him and on 24.3.2006, he was deployed for training by the HAL. Thereafter, on 7.3.2007 his appointment was absorbed by the HAL on account of completion of training period by him. Thereafter, on 7.1.2008 he was transferred on mutual basis to Aircraft Division to Overhaul Division of HAL, Bangalore Complex. In turn, he reported to duty at the transferred placed on 10.1.2008. On 14.11.2008, he was extended with the promotion in the revised CPP Scheme. Accordingly, he was promoted to the higher pay and post at C-5 Grade. On 10.4.2012, he again was promoted as Senior Technician at C-6 Scale which was confirmed by the HAL on 28.11.2012.
3. In the meanwhile, by a letter, the HAL had referred caste certificate of the petitioner for verification of genuineness and issuance of Validity Certificate since he had produced the certificate of Scheduled Tribe Soliga Community. In the said letter there was no reference that he was appointed to a vacancy notified and reserved for the Scheduled Tribe candidate. Further the appointment order of the petitioner also did not refer that he was appointed under the ST reserved quota and inspite of all these, a request was made by the HAL. Thereafter several notices were issued to him by the District Social Welfare Officer, but whenever the petitioner appeared before the Committee, there was neither sitting nor proceedings were taken for his hearing. The respondent Committee used to adjourn the matter on various reasons. Though he appeared before respondent No.1, no meeting was conducted, none of the Members and Secretary of the Committee was present to conduct the proceedings. At no point of time, respondent No.1 heard the submissions or received his papers, instead respondent No.1 informed him to submit the documents to respondent No.2 in his office.
4. When the things stood thus, the Deputy Commissioner, who is the Chairman of the Committee constituted, has to conduct proceedings in terms of Rule 4 Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointment, etc.) Rules, 1992 (for short, hereinafter referred to as ‘the Rules’) by applying the procedure as contemplated under Rule 7 of the Rules. But the Deputy Commissioner instead of applying the procedure as contemplated has proceeded to pass the impugned order on 16.11.2018 which is contrary to the provisions of Rule 4 of the abovesaid Rules. On the basis of the said impugned order passed by the 1st respondent- Deputy Commissioner, the Tahsildar has cancelled the Caste Certificate which is the consequential order dated 26.06.2018. Hence, the present writ petition is filed.
5. I have heard the learned Counsel for the parties to the lis.
6. Sri Kashinath J.D., learned Counsel for the petitioner mainly contended that the impugned order passed by the Deputy Commissioner is in utter violation of Rule 4 of the Rules and the consequential order passed by the 3rd respondent - Tahsildar is also invalid on the basis of the order passed by the Deputy Commissioner. He would further contend that the Committee consists of four members and the Chairman – Deputy Commissioner has alone signed the impugned order, which is impermissible. Therefore, he sought to allow the writ petition.
7. Per contra, Sri C. Jagadish, learned Special Counsel for the respondent does not dispute the fact that as per Rule 4 of the Rules, the Committee constituted by the State Government consists of four Members and unfortunately, the Deputy Commissioner alone has passed the impugned order. He, therefore, contended that the Deputy Commissioner has committed a mistake which the petitioner cannot utilize and continue to use the illegal caste certificate issued by the competent authority. Hence, he sought to dismiss the writ petition.
8. Having heard the learned Counsel for the parties, though several contentions are raised by both the learned Counsel for the parties, the fact remains that the Deputy Commissioner has not followed the procedure as contemplated under the provisions of Rule 4 of the abovesaid Rules which reads as under:
“4. Caste Verification Committee - (1) There shall be a committee called the Caste Verification Committee for each district to verify the caste certificate issued in respect of the persons belonging to Scheduled Castes and Scheduled Tribes. The committee shall consist of the following members namely – (1) The Deputy Commissioner of the District who shall be the Chairman;
(2) The Deputy Secretary (Administration) of the Zilla Panchayat;
(3) The Tahsildar of Taluk;
(4) The District Social Welfare Officer who shall be the Member Secretary:
[Provided that the State Government may constitute an Additional Caste Verification Committee for any District to verify the Caste Certificate issued in respect of the persons belonging to Scheduled Castes or Scheduled Tribes which shall consist of the following members, namely -
(i) An Officer not below the rank of Special Deputy Commissioner appointed by the State Government - Chairman (ii) The Assistant Commissioner of the Sub-
Division - Member (iii) The Tahsildar of the Taluk - Member (iv) The District Social Welfare Officer - Member”.
9. In the facts and circumstances of the present case, since the impugned order is not signed by all the Members of the Committee and is not in compliance with the provisions of the Rules especially Rule 4 of the Rules, the impugned order passed by the Deputy Commissioner alone and on the basis of which, the consequential order passed by the Tahsildar cannot be sustained.
10. For the reasons stated above, writ petition is allowed. The impugned order dated 16.11.2018 passed by respondent No.1 – Annexure-A and the consequential order dated 26.06.2018 passed by respondent No.3 – Annexure-A1 are hereby quashed and the matter is remanded to the District Caste Verification Committee, Bangalore Urban District, Bangalore - consisting of four Members to pass orders in accordance with Rule 4 of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Rules, 1992 after hearing the petitioner within a period of one month from the date of appearance of the petitioner before the Committee.
11. The petitioner is also directed to appear before the 1st respondent, who is the Chairman of the District Caste Verification Committee, Bangalore Urban District on 25th October, 2019, who shall fix the date and place of hearing and decide the matter strictly in accordance with law without giving any further room for the petitioner on technicality.
12. All the contentions raised by both parties are left open.
Ordered accordingly.
Sd/- Judge Nsu/-