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2009 Supreme(SC) 209

TARUN CHATTERJEE, H.L.DATTU
D. M. Premkumari – Appellant
Versus
Divisional Commissioner, Mysore Division – Respondent


Advocates appeared:
For the Appellant :P.R. Ramasesh, Advocate.
For the Respondents:Sanjay R. Hegde, Advocate.

ORDER

Leave granted.

1. The appellant calls in question the legality or otherwise of the judgment and the order passed by the Division Bench of High Court of Karnataka in Writ Appeal No.4031 of 2003, dated 9th day of January, 2006.

2. The appellant belongs to “Telugu Shetty Community”. She claimed reservation under category ‘B’ as provided under the Classification Order passed by the Government of Karnataka for the purposes of Backward Class Citizens under Article 15(4) of the Constitution. She was selected and appointed under the said category as Primary School teacher by the Deputy Director of Public Instructions, Mysore.

3. The Deputy Director of Public Instructions, Mysore, after appointment of the appellant, had sought for verification of caste and income certificate from the District Committee for Backward Classes and minorities for issue of certificate. The Committee, vide its proceedings dated 08.04.1996, was of the view that the ‘Telugu Balija’ caste has been transferred to Group ‘D’ category and as the appellant had sought reservation in Group ‘B’ category, she would not be entitled to retain the post of Primary School Teacher as a person belonging to Group ‘B’ category.















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