Smt Kamala Vs the District Caste Verification Committee

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND ALLOW THIS WRIT PETITION BY ISSUING A) QUASH THE IMPUGNED ORDER AT ANNEXURE-C PASSED BY THE R1 DATED 06/12/2021 VIDE NUMBER JA NI D 6. JI JA PA CR 78 2021-22.

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NC: 2026:KHC:29844 WP No. 28113 of 2023

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioner who had obtained a caste certificate from the

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concerned Tahsildar certifying her to have belonged to 'Nayaka' caste, which was cancelled upon a report submitted by the respondent No.2, constrained her to approached this Court earlier by filing a writ petition in W.P.No.7390/2020. This Court by Order dated 15.03.2021 allowed the said writ petition. However, reserved the liberty to the competent authority/Deputy Commissioner to proceed with the matter in accordance with law. Subsequently, by an order dated 06.12.2021, respondent No.1-District Caste Verification Committee (DCVC for short) has proceeded to cancel the said certificate. Being aggrieved, the present petition.

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2. Learned counsel for the petitioner submits, the caste certificate once issued by the Tahsildar cannot be cancelled by the respondent No.1-District Caste Verification Committee. Referring to the contents of Annexure-C, he further submits that the respondent No.1-District Caste Verification

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HC-KAR

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Committee has become active only at the instance of Deputy Superintendent of Police CRE Cell, which in turn has acted upon a private complaint by certain H. S. Subhash. Thus, he submits the entire process and the procedure adopted by the respondents-authorities runs contrary to the provisions of the Karnataka SC/ST and Other Backward Classes (Reservation of Appointments, etc.,) Act, 1990 (Act, 1990 for short).

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3. He refers to Sections 4B, 4C, 4D, 4F and Rule 7 of the Karnataka SC/ST and Other Backward Classes (Reservation of Appointments, etc.) Rules, 1992 (Rules, 1992 for short) and submits if any person aggrieved by the order of the Tahsildar issuing the caste certificate, is required to file an appeal to Assistant Commissioner of Revenue Sub-Division under Section 4B of the Act, 1990. A revision is provided at the hands of Deputy Commissioner under Section 4F either suomoto or on an application made to him with regard to the validity or otherwise of the order passed under Sections 4A and 4B of the Act, 1990. It is in this context, Coordinate Bench of this Court, on earlier occasion in W.P.No.7390/2020 had reserved liberty to Deputy Commissioner. Instead the Caste Verification

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HC-KAR

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Committee in exercise of its purported power under Section 4C of Act, 1990 read with Rule 7 of the Rules, 1992 has proceeded to cancel the District Caste Verification Committee Certificate. He refers to sub-Rule (4) of Rule 7 of Rules, 1992 to contend the role of respondent No.2-CRE cell would come into picture only when the matter is referred to it by District Caste Verification Committee and not otherwise. Thus, he submits there is a substantial procedural lapse in respondentsauthorities proceeding with the matter.

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4. He relies upon the judgment of the Division Bench of this Court in the case of the APPOINTING AUTHORITY/REGIONAL MANAGER, STATE BANK OF INDIA AND ANOTHER VS. SHRI. BHEEMAPPA AND ANOTHER in W.A.No.100110/2020 dated 10.11.2020.

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5. In response, learned counsel appearing for the respondents-authorities submits that the respondent No.1District Caste Verification Committee initiated the impugned proceedings culminating in issuance of the impugned order as a

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NC: 2026:KHC:29844 WP No. 28113 of 2023

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HC-KAR

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complainant/representation had been made with serious allegation of fraud played by the petitioner. Such complaint/representation was also given to other authorities including the Election Commission. Therefore, the District Caste Verification Committee has taken action in the matter resulting in the impugned order. He however fairly submits as per the provisions of the Act, 1990 and the Rules, 1992 provided thereunder and in the light of the direction given by the Coordinate Bench of this Court in its earlier order, the appropriate course of action would have been as per Section 4B or under Section 4F of the Act, 1990. Therefore, he submits liberty be reserved to the respondents-authorities to initiate action in accordance with law.

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6. Submission is placed on record.

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7. Facts noted above indicate that the respondent No.1- District Caste Verification Committee has, at the instance of Deputy Superintendent of Police, CRE Cell, Mysore,respondent No.2 proceeded to pass the impugned order which

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HC-KAR

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runs contrary to Section 4C of Act, 1990 read with Rule 7 of the Rules, 1992.

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8. Under Section 4C(3) of the Act, 1990 the

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respondent No.1-District Caste Verification Committee is required to hold an enquiry for grant of validity certificate or reject the same upon an application made to it under Section 4C(2) of the Act.

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9. Sub-Rule (4) of Rule 7 contemplates a reference of the matter by the Caste Verification Committee to the Deputy Superintendent of Police CRE Cell, for detailed investigation and report if the District Caste Verification Committee is not in a position to come to conclusion even after the enquiry under sub-Rule (2) and (3) of Rule 7.

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10. In the instant case, the District Caste Verification Committee has acted and issued the impugned order at the instance of respondent No.2- CRE Cell which in turn was set in motion upon a private complaint, which is impermissible.

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NC: 2026:KHC:29844 WP No. 28113 of 2023

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HC-KAR

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11. In that view of the matter, petition is allowed . Order dated 06.12.2021 passed by the respondent No.1District Caste Verification Committee vide Annexure-A is quashed.

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12. Notwithstanding allowing of the petition, it is open

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to the concerned authority to initiate proceedings under the provisions of law, keeping in mind the observation made herein above.

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SD/(M.G.S. KAMAL) JUDGE

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RU

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List No.: 1 Sl No.: 22

Smt Kamala v. the District Caste Verification Committee

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Smt Kamala v. the District Caste Verification Committee

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