Smt Saraswathi K Vs the Chairman and the Deputy… — Writ and Judicial Review | Karnataka HC (2026)

Smt Saraswathi K Vs the Chairman and the Deputy… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of by relegating the petitioner to the statutory appeal before the appellate authority; interim protection continued till appeal and interim-relief application are filed before the appellate authority; Section 14 Limitation Act, 1963 benefit extended if the appeal is filed within four weeks of receipt of a certified copy of this order.

Issue for consideration

Whether the petitioner, who contends she was selected/appointed under the general category, should be granted direct writ relief against the Caste Verification Committee's order, or relegated to the statutory appeal available under Section 4(d) of the Karnataka SC/ST/OBC Act, 1990. +1 more

Court's answer

Even if the petitioner was appointed under the general category, her caste status would assume significance while considering her claim for promotion, if she belongs to a Scheduled Caste or Scheduled Tribe; therefore she is required to avail the statutory remedy of appeal and substantiate her caste claim before the appellate authority.

Ratio / Principle

In view of the availability of an efficacious alternative remedy (appeal under Section 4(d) of the Karnataka SC/ST/OBC Act, 1990), the Court relegates the petitioner to avail the remedy of appeal.

Key takeaways

The interim protection in operation since 2024 shall continue to remain in force till the petitioner files an appeal and also files an appropriate application seeking interim relief before the appellate authority.ratio¶35
The benefit of Section 14 of the Limitation Act, 1963 is extended to the petitioner in the event she files an appeal within four weeks from the date of receipt of a certified copy of this order.ratio¶36

Detailed headnote1 paragraphs

High Court of Karnataka (Sachin Shankar Magadum, J.), W.P. No. 7862 of 2024 (GM-CC), disposed of on 24.03.2026. A typist in the Court of the Civil Judge Senior Division, Shira, who contended she was selected under the general category, challenged an order of the Caste Verification Committee (No. SAN.U.NI-SA.KA.I-MANSINDHUTVA-72/2017-18, dt. 16.02.2023, Annex-A). The Court held that even a general-category appointee's caste status remains relevant to future promotion claims if she belongs to a Scheduled Caste/Scheduled Tribe, and finding an efficacious alternative remedy, relegated her to the statutory appeal under Section 4(d) of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Act, 1990. Interim protection operating since 2024 was continued until the petitioner files an appeal and an interim-relief application before the appellate authority, and the benefit of Section 14 of the Limitation Act, 1963 was extended subject to the appeal being filed within four weeks of receipt of a certified copy of the order.

NC: 2026:KHC:16590 WP No. 7862 of 2024

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7862 OF 2024 (GM-CC)

BETWEEN:

SMT. SARASWATHI K W/O CHIKKANARASAYYA, AGED ABOUT 30 YERAS, WORKING AS TYPIST AS COURT OF CIVIL JUDGE SENIOR DIVISION AT SHIRA, TUMKUR DISTRICT - 572 137.

…PETITIONER

(BY SRI. NAVEEN J.N, ADVOCATE)

AND:

THE CHAIRMAN AND

Digitally signed by SHARADAVANI B

Location: High Court of Karnataka

THE DEPUTY COMMISSIONER DISTRICT LEVEL CASTE, VERIFICATION COMMITTEE, MANDYA DISTRICT - 571 401.

THE DEPUTY DIRECTOR AND MEMBER SECRETARY, DISTRICT LEVEL CASTE VERIFICATION COMMITTEE, MANDYA DISTRICT, OFFICE OF DEPUTY DIRECTOR, DEPARTMENT OF SOCIAL WELFARE, MANDYA DISTRICT, MANDYA - 571 401.

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NC: 2026:KHC:16590 WP No. 7862 of 2024

HC-KAR

THE ADDITIONAL SECRETARY (ADMINISTRATION), ZILLA PANCHYATH, MANDYA AND DISTRICT LEVEL CASTE VERIFICATION COMMITTEE, MANDYA DISTRICT, MANDYA - 571 401.

THE TAHSILDAR MANDYA TALUK, MANDYA DISTRICT - 571 401

THE ADDITIONAL DIRECTOR GENERAL OF POLICE, DIRECTORATE OF CIVIL RIGHTS AND ENFORCEMENT, TECHNICAL EDUCATION BOARD BUILDING, PALACE ROAD, BENGALURU - 560 001

…RESPONDENTS

(BY SRI. C. JAGADEESH, ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER BEARING NO. SAN.U.NI-SA.KA.I-MANSINDHUTVA-72/2017-18 DTD. 16.02.2023 PASSED BY THE RESPONDENT CASTE VERIFICATION COMMITTEE MARKED AT ANNX-A AND ETC.,

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

3 - NC: 2026:KHC:16590 WP No. 7862 of 2024

HC-KAR

ORAL ORDER

The petitioner calls in question the order passed by the Caste Verification Committee, which is appealable under Section 4(d) of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Act, 1990. Though this Court finds some substance in the contention urged by the petitioner that she was selected under the general category and, therefore, the reference of her caste certificate for validation by the Department may not have been warranted, on a deeper examination of the writ papers, this Court is of the considered view that even if the petitioner was appointed under the general category, her caste status would assume significance while considering her claim for promotion, if she belongs to a Scheduled Caste or Scheduled Tribe. Therefore, the petitioner is required to avail the statutory remedy of appeal and substantiate her caste claim before the appellate authority. In view of the availability of an efficacious alternative remedy, this Court deems it appropriate to relegate the petitioner to avail the remedy of appeal.

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NC: 2026:KHC:16590 WP No. 7862 of 2024

HC-KAR

Insofar as the interim protection granted by this Court is concerned, having regard to the fact that the same has been in operation since the year 2024, this Court is of the view that such protection shall continue to remain in force till the petitioner files an appeal and also files an appropriate application seeking interim relief before the appellate authority.

This Court further deems it appropriate to extend the benefit of Section 14 of the Limitation Act, 1963, in the event the petitioner files an appeal within a period of four weeks from the date of receipt of a certified copy of this order.

With the above observations, the writ petition stands disposed of .

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

HDK

List No.: 1 Sl No.: 36