IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.18357/2019 (GM-CC) BETWEEN SMT. SHYLAJA K., AGED ABOUT 41 YEARS, W/O PRAKASH N.N., 6TH CROSS, CHAMUNDESHWARINAGAR, MANDYA – 571 401.
... PETITIONER (BY MS. ANUSHA NANDISH, ADV.) AND:
1. STATE OF KARNATAKA, SOCIAL WELFARE DEPARTMENT, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU – 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. SOCIAL WELFARE DEPARTMENT, 1ST FLOOR, GOVERNMENT BUILDING, H.K.VEERANNAGOWDA ROAD, MANDYA – 571 401.
REPRESENTED BY ITS DEPUTY DIRECTOR.
3. TASHILDAR, MANDYA TALUK, MANDYA DISTRICT – 571 401.
4. DEPUTY SECRETARY (ADMINISTRATION), ZILLA PANCHAYATH, MANDYA – 571 401.
5. DISTRICT COMMISSIONER & PRESIDENT, CASTE VERIFICATION COMMITTEE, MANDYA – 571 401.
... RESPONDENTS (BY SRI C.JAGADISH, SPL. COUNSEL) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.02.2019 PASSED BY THE R-2 TO 5 COMMITTEE ORDER NO.04:2015-16, THE COPY OF WHICH IS PRODUCED AT ANNEXURE – A ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Ms. Anusha Nandish, learned counsel for the petitioner.
Sri C.Jagadish, learned special counsel for the respondents.
The petition is admitted for hearing. With the consent of the parties, it is heard finally.
2. In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks a writ of certiorari for quashment of order dated 25.02.2019, passed by respondent Nos.2 to 5.
3. The facts giving rise to filing of the writ petition briefly stated are that, three caste certificates were issued in favour of the petitioner by respondent No.3 dated 19.02.1994, 24.02.2011 and 19.05.2015. The petitioner was selected as a Stenographer in pursuance of the selection list dated 18.02.2015 and was posted to the Court of Civil Judge and JMFC, Gundlupete. Petitioner was issued Caste Validity Certificate on 06.04.1998, by the Deputy Commissioner who was the Chairman of the Caste Screening Committee, Mandya by respondent No.2. Subsequently, by an order dated 25.02.2019 has cancelled the caste certificate issued in favour of the petitioner on ground thats he does not belong to Nayaka community. Hence, she has approached this Court.
4. Learned counsel for the petitioner submits that under the provisions of Karnataka Scheduled Castes, Scheduled Tribes And Other Backward Classes (Reservation of Appointment Etc) Act, 1990, the District Certification Committee has no power to review the order and the petitioner has remedy of filing the appeal.
5. I have considered the submission of the learned counsel for the parties and perused the record. It is well settled law that a power to review has to be specific and conferred. Until and unless it is conferred the same cannot be exercised.
6. In the instant case, the District Caste Verification Committee has no power to review the order of the District Caste Verification Committee and the impugned order passed by respondent Nos.1 to 5 dated 25.02.2019, is per se and arbitrary and cannot sustain in the eye of law and it is accordingly, not valid.
7. In the result, writ petition is allowed.
Sd/- JUDGE nvj