Allowed

E S Nagaraj v. State of Karnataka

Karnataka HC20 Jun 2024WP/7387/2017

Case brief

AI extract

What is this about?

An Assistant Teacher's appointment was cancelled after his 'D' category caste certificate was invalidated by the District Caste Verification Committee; a later appellate order restored the certificate, so the court quashed the appointment-cancellation order and allowed the writ petition.

What did the court decide?

Order dated 9 February 2017 canceling petitioner's appointment quashed; petitioner continues in service.

E S Nagaraj Vs State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC:22356 WP No. 7387 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 7387 OF 2017 (GM-CC)

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BETWEEN:

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E.S. NAGARAJ S/O SHIVALINGAPPA, AGED ABOUT 50 YEARS, ASSISTANT TEACHER, GOVERNMENT HIGH SCHOOL, RANGENAHALLI, TARIKERE TALUK, CHIKAMAGALUR DISTRICT-577 144.

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…PETITIONER

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(BY SRI. VIRUPAKSHAIAH H., ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT,

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M.S. BUILDING, BENGALURU-560 001.

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THE COMMISSIONER / DIRECTOR OF BACKWARD CLASSES & MINORITIES, M.S. BUILDING, BENGALURU-560 001.

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THE REGIONAL COMMISSIONER MYSORE REGION, OPP. KALAMANDIR, HUNSUR ROAD, MYSURU-570 005.

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THE DIVISIONAL SECRETARY AND EX-OFFICIO JOINT DIRECTOR, KARNATAKA HIGHER EDUCATION EXAMINATION BOARD, MYSURU DIVISION, D.SUBBAIAH ROAD, MYSURU-570 024.

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NC: 2024:KHC:22356 WP No. 7387 of 2017

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THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT LEVEL BACKWARD CLASSES CASTE & INCOME CERTIFICATE VERIFICATION COMMITTEE, CHIKMAGALUR-577 101.

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…RESPONDENTS

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(BY SRI. MANJUNATH K., HCGP FOR R1 TO R5ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 14.3.2000 VIDE ANNEXURE-D PASSED BY THE R-5 AUTHORITY DIRECT THE R-3 AUTHORITY TO CONSIDER TAND DISPOSE OF APPEAL DATED 17.4.2000 FILED BY THE PETITIONER VIDE ANNEXURE-E EXPEDITIOUSLY AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner was selected and appointed as Assistant Teacher Grade-II and joined the services at the Government PreUniversity College, Mudigere, Chikmagalur District, on August 30, 1997, under the 'D' Category based on a certificate issued by the Tahsildar, which certified that the petitioner belongs to the 'D' category.

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The certificate issued by the Tahsildar was subsequently sent to the District Caste Verification Committee for validation. After providing an opportunity for a hearing, the District Caste Verification Committee canceled the certificate issued in favor of the petitioner.

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The petitioner filed an appeal before the 3^rd respondent, challenging the order passed by the District Caste

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3 - NC: 2024:KHC:22356 WP No. 7387 of 2017

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Verification Committee on April 17, 2000. This appeal was subsequently transferred to the 2nd respondent. During the pendency of the appeal, the 4^th respondent canceled the petitioner’s appointment on February 9, 2017, based on the grounds that the petitioner was appointed under the 'D' category and that the certificate issued by the concerned Tahsildar had been canceled.

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The petitioner then filed the present petition challenging the order dated March 14, 2000, issued by the 5^th respondent, which canceled the 'D' group certificate. The petitioner also challenged the order passed by the 4th respondent canceling the appointment and sought a direction for the 2^nd respondent to dispose of the appeal.

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During the pendency of this petition, the 2^nd respondent passed an order dated February 16, 2019, setting aside the order passed by the District Caste Verification Committee and remanding the matter to the Committee for reconsideration afresh. The order passed by the Appellate Authority was subsequently challenged by the petitioner before this Court in W.P.No.5595/2020. By an order dated October 28, 2020, this Court set aside the order passed by the 2nd respondent, remanding the matter to the Committee, and restored the 'D' category certificate issued in favor of the petitioner. Consequently, the relief sought in prayers 'a' and 'b' does not survive for consideration.

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NC: 2024:KHC:22356 WP No. 7387 of 2017

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The order passed by the 4th respondent canceling the appointment of the petitioner was stayed by this Court via an order dated February 20, 2017. The petitioner continues to serve in his position as of today. Given that the 'D' category certificate issued in favor of the petitioner has been restored and that the cancellation of the appointment was based on the cancellation of the certificate, the impugned order passed by the 4^th respondent requires to be quashed.

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Accordingly, the writ petition is allowed.

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The impugned order dated February 9, 2017, passed

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by the 4^th respondent at Annexure-M, is hereby quashed.

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Ordered accordingly.

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Sd/JUDGE

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E S Nagaraj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

E S Nagaraj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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