Allowed

Smt. Shreya. H. J. v. State of Karnataka

Karnataka HC29 Nov 2024WP/24219/2024

Case brief

AI extract

What is this about?

The High Court quashed an order rejecting a civil judge candidate's caste certificate, directed the committee to reconsider the application accounting for parents' retired status and pension income, and reserved another writ petition for similar disposition.

What did the court decide?

Quashed order dated 26.08.2024; directed Respondent No.3 to reconsider application within two weeks; petitioner directed to file updated affidavits.

Smt. Shreya. H. J. Vs State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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1 - NC: 2024:KHC:49241 WP No. 24219 of 2024 C/W WP No. 21245 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 24219 OF 2024 (GM-CC) C/W.

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WRIT PETITION NO. 21245 OF 2024 (GM-CC)

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IN W.P. No. 24219/2024

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BETWEEN:

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SMT. SHREYA. H. J. W/O. MR. SHRENAG C. V. AGED ABOUT 35 YEARS RESIDING AT 'JANAROOPALOKA' K.NO.17/6, KODI-GORAVIGERE MAIN ROAD KATAMNALLURU VILLAGE BENGALURU-560049

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…PETITIONER

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(BY SRI. UDAYA HOLLA, SENIOR COUNSEL FOR

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SRI. SYED KHAMRUDDIN., ADVOCATE)

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, LAW DEPARTMENT, VIDHANA SOUDHA BENGALURU-560 001

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REGISTRAR GENERAL

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HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI OPP. VIDHANA SOUDHA BENGALURU-560 001

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NC: 2024:KHC:49241 WP No. 24219 of 2024 C/W WP No. 21245 of 2024

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DISTRICT CASTE AND INCOME VERIFICATION COMMITTEE REPRESENTED BY ITS CHAIRMAN, BENGALURU URBAN DISTRICT VASANTHNAGAR BENGALURU-560 001

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…RESPONDENTS

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(BY SRI. KIRAN V. RON, AAG A/W. SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R3, SRI. S.S.NAGANAND, SR. COUNSEL A/W. SRI. B.V. VIDYULATHA, ADVOCATE FOR R2)

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THIS WRIT PETTION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.08.2024 PASSED BY THE R-3 WHEREBY IT WAS HELD THAT THE PETITIONER IS NOT ELIGIBLE FOR ISSUANCE OF SINDUTVA CERTIFICATE UNDER CATEGORY - IIA (ANNEXURE-A) AND ETC.

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IN WP NO. 21245/2024

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BETWEEN:

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SMT. SHREYA. H. J. W/O. MR. SHREENAG C. V. AGED ABOUT 35 YEARS RESIDING AT 'JANAROOPALOKA' K.NO.17/6, KODI-GORAVIGERE MAIN ROAD KATAMNALLURU VILLAGE BENGALURU-560 049

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…PETITIONER

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(BY SRI. UDAYA HOLLA, SENIOR COUNSEL FOR SRI. SYED KHAMRUDDIN., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, LAW DEPARTMENT, VIDHANA SOUDHA BENGALURU-560 001

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3 - NC: 2024:KHC:49241 WP No. 24219 of 2024 C/W WP No. 21245 of 2024

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REGISTRAR GENERAL HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI OPP. VIDHANA SOUDHA BENGALURU-560 001

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DISTRICT CASTE AND INCOME VERIFICATION COMMITTEE REPRESENTED BY ITS CHAIRMAN, BENGALURU URBAN DISTRICT VASANTHNAGAR BENGALURU-560 001

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…RESPONDENTS

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(BY SRI. KIRAN V. RON, AAG A/W. SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R3, SRI. S.S.NAGANAND, SR. COUNSEL A/W. SRI. B.V. VIDYULATHA, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTE OF INDIA PRAYING TO DIRECT R1 AND R2 TO CONSIDER THE CASE OF PETITIONER UNDER II-A CATEGORY IN THE APPOINTMENT LIST TO THE POST OF CIVIL JUDGES THROUGH DIRECT RECRUITMENT PURSUANT TO NOTIFICATION DATED 09.03.2023 (ANNEXURE-A) AND NOTIFICATION DATED 23.02.2024 (ANNEXURE-D) ISSUED BY 2^ND RESPONDENT.

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THESE PETITIONS, COMING ON FOR PRELIMINAY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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4 - NC: 2024:KHC:49241 WP No. 24219 of 2024 C/W WP No. 21245 of 2024

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ORAL ORDER

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The petitioner asserts that she belongs to the Hindu Namadhari community, classified under the II-A category. Her marriage was solemnized with Shreenag C.V. on 19.04.2018. On 03.03.2021, the petitioner obtained a non creamy layer certificate from the Tahsildar, certifying her as belonging to the II-A category. Following a notification issued by this Court inviting applications for the post of Civil Judge, the petitioner applied for selection and appointment to the said post. She was subsequently selected, with her appointment subject to the validation of her caste and income certificate, particularly the income details of her parents.

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Respondent No.3, after conducting an inquiry, rejected the petitioner’s application for the validation of the caste certificate, citing the petitioner’s failure to produce sufficient documentation to substantiate her parents’ income. Aggrieved by this decision, the petitioner filed the present writ petition.

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Sri Udaya Holla, learned Senior Counsel representing the petitioner, argued that at the time of submitting the application for the Civil Judge post, the petitioner’s parents had already retired from service. They had previously held Group-A positions in government service, and therefore, the petitioner remains eligible for validation of her caste and income certificate under the II-A category.

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NC: 2024:KHC:49241 WP No. 24219 of 2024 C/W WP No. 21245 of 2024

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In response, Sri Kiran V. Ron, learned Additional Advocate General, and Sri S.S. Naganand, learned Senior Counsel representing the High Court, contended that Respondent No.3 rightly rejected the petitioner’s application due to the absence of documentary evidence regarding her parents’ income. They asserted that this decision was justified and did not warrant interference. In support of their argument, they cited the decision of a Co-ordinate Bench of this Court in W.P. No. 105476/2022, disposed of on 09.02.2023.

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After considering the submissions of the learned counsel for both parties, the following is noted:

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At the time the petitioner submitted her application for selection and appointment to the post of Civil Judge, the Competent Authority had issued a valid caste and income certificate confirming her classification under the II-A category. The petitioner has also filed a memo enclosing copies of affidavits sworn by her parents. The affidavit of her mother states that she retired as a District Judge on 31.12.2022, and the affidavit of her father indicates that he retired as an Assistant Conservator of Forests (In-Charge) on 30.09.2015.

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Respondents have placed on record Annexure-II to G.O.No.SWD 225 BCA 2000 dated 30^th March 2002, titled New Comprehensive Creamy Layer, issued by the Deputy Secretary to the Government, Social Welfare Department. A perusal of this Government Order reveals that candidates are ineligible for

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NC: 2024:KHC:49241 WP No. 24219 of 2024 C/W WP No. 21245 of 2024

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reservation under categories II-A, II-B, III-A, and III-B if either of their parents/guardians is a Group-A or Group-B officer in government service, holds an equivalent position in a public sector undertaking, or is employed in a private industry/institution with a salary not less than that of a Group-B officer and whose gross annual income exceeds Rs.8 lakhs for the present. Therefore, to be eligible for appointment under Category-IIA, the candidate’s parents should not hold a Group-A post in the government, and their combined annual income should not exceed Rs. 8,00,000. The Petitioner would have been ineligible for appointment under category-IIA, only if her parents were holding Group A post in government service as of the date, when the applications were invited for appointment to the post of civil judges.

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In the present case, the affidavits submitted by the petitioner’s parents confirm that, at the time the applications were invited, they were no longer in government service. However, these affidavits were not placed before Respondent No.3. Therefore, the petitioner’s application for the validation of her caste and income certificate requires reconsideration by Respondent No.3.

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Accordingly, W.P. No. 24219/2024 is allowed. The order dated 26.08.2024 passed by Respondent No.3, as annexed in Annexure-A, is hereby quashed.

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7 - NC: 2024:KHC:49241 WP No. 24219 of 2024 C/W WP No. 21245 of 2024

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Respondent No.3 is directed to reconsider the petitioner’s application for the revalidation of her caste and income certificate in accordance with the Government Order dated 30.03.2002. The said exercise shall be completed within two weeks from the date of updated affidavits of the parents to be submitted by the Petitioner .

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The petitioner is directed to file updated affidavits from her parents, confirming their retirement from government service and disclosing any income from other sources. For the purpose of validating the income certificate, the pension received by the parents shall not be considered as income.

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In light of the observations made in W.P. No. 24219/2024, W.P. No. 21245/2024 is also disposed of accordingly.

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Sd/-

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(HEMANT CHANDANGOUDAR) JUDGE

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Smt. Shreya. H. J. v. State of Karnataka

Case brief

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Smt. Shreya. H. J. v. State of Karnataka

Case brief

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