IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.855/2019 (GM CC) BETWEEN SRI S KIRAN KUMAR S/O LATE N K SATHYANARAYANA AGED ABOUT 40 YEARS, CHAIRMAN BETHAMANGALA GRAM PANCHAYATH, BETHAMANGALA KGF TALUK KOLAR DISTRICT-563 116. ... PETITIONER (BY SRI. K RAGUPATHY, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE M S BUILDING AMBEDKAR VEEDHI BANGALORE-560 001 2. CHAIRMAN DISTRICT CASTE VERIFICATION COMMITTEE, OFFICE OF THE DEPUTY COMMISSIONER, KOLAR-563101 3. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, KOLAR-563101 4. THE DISTRICT SOCIAL WELFARE OFFICER AND MEMBER SECRETARY, DISTRICT SCHEDULE CASTE & SCHEDULE TRIBE, CASTE VERIFICATION COMMITTEE, OFFICE OF THE DISTRICT SOCIAL WELFARE, KOLAR DISTRICT KOLAR-563101 5. THE TAHSILDAR, K.G.F TALUK KOLAR DISTRICT-563116 6. THE DEPUTY SUPERINDENT OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT CELL, KOLAR DIVISION, KOLAR-563101. ... RESPONDENTS (BY SRI C.JAGADISH, SPL. GOVT. COUNSEL FOR RESPONDENT.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.12.2018 PASSED BY THE R-2 PRODUCED AT ANNEXURE-A ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petition is admitted for hearing. With the consent of learned Counsel for the petitioner, the same is heard finally.
2. In this petition under Article 226 and 227 of the Constitution of India, the petitioner has assailed the order dated 5.12.2018 passed by respondent no.2- District Caste Verification Committee vide Annexure-A by which it has been held that the petitioner belongs to Brahmin Community and not to Adi Dravida caste.
3. When the matter was taken up today, learned counsel for the petitioner has raised a solitary contention that the District Caste Verification Committee had no jurisdiction to pass the impugned order dated 5.12.2018. In support of aforesaid submission, learned counsel for the petitioner has referred to a decision dated 23.1.2009 passed by a Bench of this Court in WP No.13173/08 and has invited the attention of this Court to paragraph.13 of the aforesaid decision.
4. Learned Special Counsel for respondents has fairly submitted that the District Caste Verification Committee has no jurisdiction to pass the impugned order dated 5.12.2018 in view of the law laid down by a Bench of this Court referred to supra. However, learned Special Counsel has submitted that conduct of the petitioner would disentitle him from granting relief under Article 226 and 227 of the Constitution of India.
5. In support of aforesaid submission, attention of this Court has been invited to the transfer certificate of the mother of the petitioner contained in Annexure-B.
6. I have considered the submission made by the learned counsel for the parties.
7. From the transfer certificate Annexure-B, it is evident at col.no.8 that religion has been mentioned as `AD Christian’ and in col.9 it has been mentioned as mother of the petitioner does not belong to SC or ST as annexed to the aforesaid document. The impact and effect of the aforesaid document on the social status of the petitioner is required to be examined by the competent authority. Admittedly, the District Caste Verification Committee does not have jurisdiction to pass the impugned order dated 5.12.2018. Therefore, the impugned order per se is without jurisdiction and cannot be sustained in the eye of law.
8. For the reasons assigned by a Bench of this Court on 23.1.2009 in WP 13173/08, the impugned order dated 5.12.2018 is hereby quashed and set aside. Needless to state that the respondents shall be at liberty to take action against the petitioner if so advised in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE Sk/-
CT-HR