IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.36188/2016 (GM-CC) BETWEEN:
SMT. MEENAKSHI W/O RAMACHANDRA AGED ABOUT 40 YEARS R/O # 102, WARD NO.6 CHAMALAPURA STREET NANJANGUD TOWN-571301 MYSURU DISTRICT.
... PETITIONER (BY SRI P MAHESHA, ADV.) AND:
1. TAHSILDAR, GRADE-2 NANJANGUD TALUK NANJANGUD TOWN - 571301 MYSURU DISTRICT.
2. THE JOINT DIRECTOR DEPARTMENT OF SOCIAL WELFARE GOVERNMENT BOYS GENERAL HOSTEL PREMISES NAZARBAD MYSURU – 570010.
3. STATE OF KARNATAKA DEPARTMENT OF SOCIAL WELFARE M S BUILDING BENGALURU - 560001 BY ITS SECRETARY.
(BY SRI. C.JAGADISH, SPL COUNSEL) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE R-1 TAHSILDAR GRADE-2, NANJANGUD TALUK, NANJANGUD IN CASE NO.ICC MISC 83/14-15, DATED 08.06.2016 VIDE ANNX-K.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. P.Mahesha, learned Counsel for the petitioner.
Mr. C.Jagadish, Special Counsel for the respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, the petitioner, inter alia, seeks for quashing of the Order dated 08.06.2016 passed by the Tahsildar Grade-2, Nanjangud taluk which has been passed in pursuance of the order dated 25.04.2016 passed by the District Caste Verification Committee.
3. when the matter was taken up today, learned counsel for the petitioner submitted that the District Caste Verification Committee has not complied with the provisions of Section 4 of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments) Act, 1990 as the Chairman has not signed the order. Therefore, the impugned order is required to be quashed.
4. Learned Special counsel for the respondent is unable to controvert the aforesaid submission.
5. In view of the aforesaid submission and in the facts of the case and taking into account the fact that the order dated 25.04.2016 passed by the District Caste Verification Committee is in violation of Section 4 of the Act, the same cannot be sustained in the eye of law and is liable to be quashed.
6. In the result, the consequential communication dated 8.06.2016 issued by the Tahsildar is also hereby quashed.
7. The matter is remitted to the District Caste Verification Committee. Needless to state that the District Caste Verification Committee shall afford an opportunity of hearing to the petitioner as well as to the impleading respondent before this Court and shall pass a fresh order in accordance with law within a period of three months from today.
Needless to state that the District Caste Verification Committee shall comply with the provisions contained under Section 4 of the Act.
Accordingly, the petition is disposed of.
No orders are necessary on IA No.1/2016 and is disposed of.
Sd/- JUDGE ln.