IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.20639 OF 2014 (GM-CC) BETWEEN:
MS. PADMASHREE R. SHETTY D/O D. RAVIKRISHNA SHETTY AGED ABOUT 21 YEARS RESIDING AT NO.1-4-102 GUINDIBAILU, SHVALLI VILLAGE UDUPI TALUK-570161.
(BY MR. CYRIL PRASAD PAIS, ADV.) AND:
… PETITIONER 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE VIKAS SOUDAH, DR. AMBEDKAR VEEDHI BANGALORE-560001.
2. THE ASSISTANT COMMISSIONER KUNDAPRUA SUB-DIVISION KUNDAPURA UDUPI DISTRICT-570161.
3. THE TAHSILDAR UDUPI TALUK & DISTRICT-570161.
4. THE REVENUE INSPECTOR UDUPI TALUK & DISTRICT-570161.
5. THE VILLAGE ACCOUNTANT SHIVALLI VILLAGE UDUPI TALUK & DISTRICT-570161.
6. VIJAYA BANK PERSONAL HUMAN RESOURCES NO.41/2, M G ROAD BANGALORE-560 001 REP. BY ITS ASSISTANT GENERAL MANAGER.
… RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R5 MR. P. UDAY SHANKAR RAI, ADV., FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DTD.13.4.2014 VIDE ANNEX-A ISSUED BY THE R-3 AND DIRECT THE R-3 TO CONSIDER THE APPLICATION FILED BY THE PETITIONER IN THE LIGHT OF THE DOCUMENTS PRODUCED IN SUPPORT OF HER CASTE AND FURTHER DIRECT THE R-3 TO ISSUE A CASTE CERTIFICATE STATING THAT THE PETITIONER BELONGS TO NADAVA COMMUNITY & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Cyril Prasad Pais, learned counsel for the petitioner.
Smt.Niloufer Akbar, learned Additional Government Advocate for respondent Nos.1 to 5.
Sri.P.Uday Shankar Rai, learned counsel for respondent No.6.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner has assailed the validity of order dated 13.04.2014, by which an application filed by the petitioner for issuance of Caste Certificate to the petitioner has been rejected on the ground that there is no provision for issuance Caste Certification to the effect that the petitioner belongs to Nadava community.
3. When the matter was taken up today, learned counsel for the parties jointly submitted that the petitioner can file an application under Section 4A of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment Etc,) Act, 1990 (hereinafter referred to as ‘the Act’ for short) seeking issuance of Caste Certificate and the aforesaid application has to be adjudicated in accordance with law. It is jointly submitted that the impugned endorsement dated 13.04.2014 has been issued merely on the ground that there is no provision to issue Caste Certificate.
4. In view of the aforesaid submissions and taking into account the provision of Section 4A of the Act, the impugned endorsement dated 13.04.2014 is quashed and the Tahsildar, Udupi Taluk and District is directed to adjudicate the social status of the petitioner in accordance with law by a speaking order expeditiously.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-