Dismissed

Smt. Maniyamma v. the State of Karnataka

Karnataka HC5 Mar 2024WP/7975/2022

Case brief

AI extract

What is this about?

Parents accused of obtaining a false ST 'Nayaka' caste certificate, later annulled by the District Caste Verification Committee, which their son used to secure a KSRTC driver-cum-conductor job, sought quashing of proceedings under SC/ST Act and IPC. The court held parents had a role in furnishing the false caste claim and prosecution was permissible under Rule 7-A of the Karnataka Reservation Rule

What did the court decide?

None granted; writ petition dismissed and criminal proceedings allowed to continue.

Smt. Maniyamma Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:9190 WP No. 7975 of 2022

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 5^TH DAY OF MARCH, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE K.NATARAJAN WRIT PETITION NO. 7975 OF 2022 (GM-RES)

¶6

BETWEEN:

¶7

SMT. MANIYAMMA W/O SRI. YOGENDRA NAYAKA, AGED ABOUT 48 YEARS, R/O BOOKANAKERE VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426.

¶8

Digitally signed by BHAVANI BAI G Location: High Court of Karnataka

¶9

SRI. YOGENDRA NAYAKA S/O LATE BETTAIAH, AGED ABOUT 57 YEARS, R/O BOOKANAKERE VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT - 571 426.

¶10

(BY SRI. SAGAR B B., ADVOCATE)

¶11

…PETITIONERS

¶12

AND:

¶13

THE STATE OF KARNATAKA HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001.

¶14

2 - NC: 2024:KHC:9190 WP No. 7975 of 2022

¶15

THE INSPECTOR OF POLICE K.R.PETE TOWN POLICE STATION, K.R.PETE TALUK, MANDYA DISTRICT - 571 426.

¶16

THE INSPECTOR OF POLICE CIVL RIGHTS ENFORCEMNT CELL, MYSORE DISTRICT, MYSORE - 570 001.

¶17

…RESPONDENTS

¶18

(BY SMT. ANITHA GIRISH, HCGP FOR R1 & R2; SRI. JAGADISHA C., ADVOCATE FOR R3)

¶19

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET DATED 25.03.2021 IN CRIME NO.287/2019 FOR THE OFFENCES PUNISHABLE UNDER SECTION 198 AND 420 OF THE INDIAN PENAL CODE AND SECTION 3(1)(ix) AND SECTION 5(A) OF THE SCHEDULE CASTE AND SCHEDULE TRIBE (PREVENTION OF ATROCITIES) ACT 1989 FILED BY THE R-2 BEFORE THE HONBLE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MANDYA VIDE ANNEXURE-D.

¶20

THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶21

3 - NC: 2024:KHC:9190 WP No. 7975 of 2022

¶22

ORDER

¶23

This writ petition is filed by the petitioners-accused Nos.1 and 2 under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. for quashing the criminal proceedings in Special Case No.255/2021, arising out of Crime No.287/2019 registered by K.R. Pet Town Police, now pending on the file of the V Additional District and Sessions Court at Mandya and charge sheeted for the offences punishable under Sections 198 and 420 of IPC read with Section 3(1)(ix) of Schedule Caste and Schedule Tribe (Prevention of Attrocities) Act, 1989 (hereinafter referred to as 'SCST Act').

¶24

Heard the learned counsel for the petitioners, learned Special Counsel for respondent No.3 and learned High Court Government Pleader for respondent No.1 and 2.

¶25

The case of prosecution is that on the order of the District Caste Verification Committee (DCVC), one Mohamed Irshad, the police inspector filed a complaint. Based upon the complaint, an FIR was registered by the respondent-K.R. Pet police. It is alleged that petitioner No.1 along with her husband

¶26

4 - NC: 2024:KHC:9190 WP No. 7975 of 2022

¶27

obtained a false caste certificate as 'Nayaka', which is the reserved category of ST, and thereby, the son of the petitioners obtained the job in KSRTC as a driver cum conductor. Thereafter, the authorities came to know that the petitioners did not belong to ST community. Therefore, the DCVC, on enquiry, annulled the certificate stating that the petitioners do not belong to ST community. Based upon the direction of the DCVC, the complaint came to be filed. The police, after investigation, filed charge sheet, which is under challenge.

¶28

Learned counsel for the petitioners has contended that

¶29

the petitioners are not the beneficiaries. They have not claimed any benefit from the public service or public authorities. They are not in public service and they have not produced caste certificate for the purpose of any job in public service. The allegation against the son of the petitioners is that he secured the job and he is facing trial. The learned counsel has further contended that the Tahsildar has given statement that he has not annulled the certificate but he received the report and forwarded to the DCVC. The Head Mistress of the school has also not given any evidence against the petitioners. The alleged

¶30

5 - NC: 2024:KHC:9190 WP No. 7975 of 2022

¶31

offence under Section 3(1)(ix) of the SCST Act will not attract against the petitioners. Therefore, continuation of proceedings against the petitioners is abuse of process of law.

¶32

In support of his contentions, the learned counsel for the petitioners has relied upon the judgments of Coordinate Bench in the case of Smt. Yamuna Vs. the State (Criminal Revision Petition No.989/2012 and connected matter decided on 11.01.2022) and Satheesh Nayaka Vs. The State of K.R. Pete P.S. and another (Criminal Revision Petition No.5988/2020 decided on 12.01.2021) and hence, prayed for allowing the petition.

¶33

Per contra, the learned Special Counsel for respondent No.3 has seriously objected the petition and contended that the name of the caste was inserted by the petitioners while admitting their son to the school, which is in the school records. Subsequently, the petitioners also obtained caste certificate which is annulled by DCVC. If at all the petitioners want to take the defence, they can take defence in the trial court. It is the clear case of the offences alleged against the petitioners and therefore, prayed for dismissing the petition.

¶34

6 - NC: 2024:KHC:9190 WP No. 7975 of 2022

¶35

The Respondent Counsel further contended that the Hon'ble Supreme Court in the case of CHAIRMAN AND MANAGING DIRECTOR, FCI AND OTHERS Vs. JAGDISH BALARAM BAHIRA AND OTHERS reported in AIR 2017 SC 3271 has considered the criminal liability and the same was considered by the Co-ordinate Bench in KUMARI MADHURI PATIL Vs. ADDITIONAL COMMISSIONER, TRIBAL DEVELOPMENT reported in AIR 1995 SC 1994 and hence, prayed for dismissing the petition.

¶36

Learned High Court Government Pleader for respondent Nos.1 and 2 has also objected the petition and contended that there is averment made in the complaint for having obtained the false certificate, which is annulled by the DCVC. There is prima facie material placed on record and therefore, prayed for dismissing the petition.

¶37

Having heard the learned counsel appearing for the parties, perused the records.

¶38

The allegation against the petitioners is that the son of the petitioners is said to be obtained job claiming the category

¶39

¶40

NC: 2024:KHC:9190 WP No. 7975 of 2022

¶41

of ST as 'Nayaka', which is found in the school certificate of the son of the petitioners. The same is also revealed from the school certificate. Based upon the said caste certificate, the son of the petitioners has secured job in the KSRTC as a driver cum conductor. Subsequently, he is said to be removed by the authorities after knowing that the false certificate has been obtained. It is seen from the record of the DCVC that the Committee verified the document including caste certificate of the petitioners along with their daughter Ashwini and four others and their certificates were annulled by the DCVC.

¶42

The contention of the petitioners is that the petitioners obtained certificate, but they have not placed before any authority or claimed any job in the public service and therefore, it does not attract the offence alleged in view of the judgment of the Coordinate Bench in Criminal Appeal No.1361/2021 decided on 01.10.2021 (Smt. K. Susheela Vs. The State of Karnataka and another). The said judgment will not come to the aid of the present petitioners. Based upon the said certificate obtained by them which was issued in their favour, the son of the petitioners said to be produced the

¶43

8 - NC: 2024:KHC:9190 WP No. 7975 of 2022

¶44

certificate as member of the ST category in the school. The Head Mistress Smt. Kempamma, wife of Shankarayya, has given statement as per the request of the police officer, that in the school records of the son of the petitioners, the caste was stated as 'Nayaka' community. The said information was based upon the information given by the parents i.e., the present petitioners. The school certificate reflects caste as Nayaka.

¶45

Admittedly, while admitting their son to the school, it was not the son of the petitioners himself admitted, but it was his parents who admitted him by giving information to the authorities that they belong to the caste 'Nayaka'. Therefore, it cannot be said that the petitioners have no role to play in admitting their son by providing the false caste certificate to the school. The son of the petitioners secured job by himself by misrepresenting the authorities. The judgment of the Hon'ble Supreme Court in the case of JAGDISH BALARAM BAHIRA , cited supra, has categorically held as under:

¶46

“A prosecution should be launched against the candidate or, as the case may be, the parents or guardians responsible for making the false claim.

¶47

9 - NC: 2024:KHC:9190 WP No. 7975 of 2022

¶48

The regime postulated in the judgment of this Court in Madhuri Patil (supra) took effect from 2 September 1994, which was the date of the judgment. Eventually in the State of Maharashtra these directions received legislative recognition upon the enactment of the Maharashtra Act XXIII of 2001 which came into force in the State on 18 October 2001. However, it is important to notice that even before the State Legislature stepped in to confer a statutory form to the directions which were issued by this Court in Madhuri Patil (supra) the regime, as it then obtained prior to the enactment of the law, also envisaged consequences upon a caste or tribe claim being found to be false upon a verification by the Scrutiny Committee. The cancellation of a certificate would, as a necessary consequence, involve the invalidation of the appointment to a post or admission to an educational institution. Where a candidate had been appointed to a reserved post on the basis of the claim that he or she was a member of the

¶49

NC: 2024:KHC:9190 WP No. 7975 of 2022

¶50

10 -

¶51

group for which the reservation is intended, the invalidation of the claim to belong to that group would, as a necessary consequence, render the appointment void ab initio. The rationale for this is that a candidate who would otherwise have to compete for a post in the general pool of unreserved seats had secured appointment in a more restricted competition confined to the reserved category and usurped a benefit meant for a designated caste, tribe or class. Once it was found that the candidate had obtained admission upon a false representation to belong to the reserved category, the appointment would be vitiated by fraud and would be void ab initio. The falsity of the claim lies in a representation that the candidate belongs to a category of persons for whom the reservation is intended whereas in fact the candidate does not so belong. The reason for depriving the candidate of the benefit which she or he has obtained on the strength of such a claim, is that a person cannot retain

¶52

11 -

¶53

NC: 2024:KHC:9190 WP No. 7975 of 2022

¶54

the fruits of a false claim on the basis of which a scarce public resource is obtained. The same principle would apply where a candidate secures admission to an educational institution on the basis of a false claim to belong to a reserved category. A candidate who does so causes detriment to a genuine candidate who actually belongs to the reserved category who is deprived of the seat. For that matter a detriment is caused to the entire class of persons for whom reservations are intended, the members of which are excluded as a result of an admission granted to an imposter who does not belong to the class. The withdrawal of benefits, either in terms of the revocation of employment or the termination of an admission was hence a necessary corollary of the invalidation of the claim on the basis of which the appointment or admission was obtained. The withdrawal of the benefit was not based on mens rea or the intent underlying the assertion of a false claim. In the case of a criminal

¶55

12 - NC: 2024:KHC:9190 WP No. 7975 of 2022

¶56

prosecution, intent would be necessary. On the other hand, the withdrawal of civil benefits flowed as a logical result of the invalidation of a claim to belong to a group or category for whom the reservations is intended. This was the position under the regime which prevailed following the decision in Madhuri Patil.”

¶57

Further, in para 53 of the said order, it is observed as under:-

¶58

“Administrative circulars and Government resolutions are subservient to legislative mandate and cannot be contrary either to constitutional norms or statutory principles. Where a candidate has obtained an appointment to a post on the solemn basis that he or she belongs to a designated caste, tribe or class for whom the post is meant and it is found upon verification by the Scrutiny Committee that the claim is false, the services of such an individual cannot be protected by

¶59

13 - NC: 2024:KHC:9190 WP No. 7975 of 2022

¶60

taking recourse to administrative circulars or resolutions. Protection of claims of a usurper is an act of deviance to the constitutional scheme as well as to statutory mandate. No government resolution or circular can override constitutional or statutory norms. The principle that government is bound by its own circulars is wellsettled but it cannot apply in a situation such as present. Protecting the services of a candidate who is found not to belong to the community or tribe for whom the reservation is intended substantially encroaches upon legal rights of genuine members of the reserved communities whose just entitlements are negated by the grant of a seat to an ineligible person. In such a situation where the rights of genuine members of reserved groups or communities are liable to be affected detrimentally, government circulars or resolutions cannot operate to their detriment.”

¶61

14 -

¶62

NC: 2024:KHC:9190 WP No. 7975 of 2022

¶63

Lastly, Rule 7-A of The Karnataka Scheduled Castes, Scheduled Tribes and Other Backward (Reservations of Appointment, Etc.,) Rules, 1992 specifically provides for prosecution of the offenders who obtained false caste certificate. Said Rule reads as under:

¶64

7-A. Prosecution for obtaining false

¶65

caste certificate- (1) The Caste Verification Committee or the Caste and Income Verification Committee, as the case may be and the Divisional Commissioner, shall send a copy of the order rejecting claim of the applicant for grant of Validity Certificate or, as the case may be, a Copy of the order in appeal rejecting such claim, to the Directorate of Civil Rights Enforcement.

¶66

(2) The Directorate of Civil Rights Enforcement shall take steps to prosecute such claimant who has obtained a false Caste Certificate.

¶67

In view of the above legal and factual position, the prosecution of the petitioner for the alleged offences under Section 196,198,420 of Indian Penal Code and Section 3 (1)(ix) of The Scheduled

¶68

15 - NC: 2024:KHC:9190 WP No. 7975 of 2022

¶69

Castes and the Scheduled Tribes(Prevention of Atrocities) Act, cannot be faulted with as the allegations made in the complaint prima facie make out the ingredients of the above offences alleged against the petitioner. As a result, there is no justifiable ground to quash the impugned proceedings. Consequently, the petition is dismissed .”

¶70

This Court in Criminal Petition No.778/2021 has stated that the prosecution can be launched under Rule 7-A of The Karnataka Scheduled Castes, Scheduled Tribes and Other Backward (Reservations of Appointment, Etc.,) Rules, 1992.

¶71

For the reasons statement above this petition is liable to be dismissed.

¶72

Accordingly, it is dismissed.

¶73

CS List No.: 1 Sl No.: 37 CT:SK

¶74

Sd/JUDGE

Smt. Maniyamma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Maniyamma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Praveen Jain Vs State by Basavanagudi Police

Rohith Kumar Y Vs the State of Karnataka

Sri Makthar Ahmed Baig Vs Sri. Mallikarjuna Raju

Sri. B K Srinivas Vs the State of Karnataka

Manjula Vs v Ranganath

Rashmi J M Vs Chandru Arjundas