IMPORTANT POINT
Caste Report was made in accordance with provisions of SC/ST and OBC Reservation Act, can be accepted as true.

JUDGMENT :

Indira Banerjee, J.

Leave granted.

2. This appeal is against a judgment and final order dated 31st March 2021 passed by a Division Bench of the High Court of Karnataka (Dharwad Bench), allowing Writ Appeal No.100388 of 2017(GM-CC) filed by the Respondent No.1 and setting aside an order dated 13th June 2017 passed by the Single Judge dismissing Writ Petition No.1449 of 2006 (GM-CC) filed by the Respondent No.1 claiming the benefit of reservation for Other Backward Classes as a member of the ‘Ganiga’ caste.

3. By a Government Order being G.O. No. SWD 150 BCA 94 dated 17th September 1994, the Government of Karnataka formulated a Reservation Policy, for ‘Scheduled Castes’, ‘Scheduled Tribes’ and ‘Other Backward Classes’ for admission to professional courses for the year 1994-95, which is hereinafter referred to as the “Reservation Policy”. As per the Reservation Policy the percentage of reservation was as follows:-

4. By a Government Order being G.O. No. SWD 251 BCA 94 dated 31st January 1995, the Reservation Policy was made applicable to employment under the State.

5. In 1999, the Appellant as well as the Respondent No.1 applied for Group A and Group B posts of Gazetted Probationary Officers claiming the benefit of reservation under Category II-A of the Reservation Policy.

6. While the Appellant claimed reservation under Category II-A as a ‘Kuruba’ by caste, the Respondent No.1 claimed Reservation as a ‘Hindu Ganiga’ by caste.

7. On or about 31st December 1999, a certificate was issued to the Respondent No.1 from the office of the Tehsildar, Bagalkot certifying that the Respondent No.1 belonged to the Ganiga sub-caste. The Respondent No.1 applied for the Group A and Group B posts of Gazetted Probationary Officer, on the strength of the aforesaid certificate.

8. On or about 30th March 2002, the Government of Karnataka issued an order in terms whereof the Lingayat Ganiga was excluded from the benefit of reservation to the ‘Ganiga’ sub-caste under Category II-A, and placed under Category III-B.

9. On or about 7th October 2005, the Karnataka Public Service Commission (KPSC) published the provisional list of candidates selected for the Group A and Group B posts of Probationary Officers. After publication of the provisional list on 7th October 2005, KPSC sent the caste certificate of the Respondent No.1 to the Respondent No.3 for verification. On 21st October 2005, the Respondent No.3 issued a certificate validating the caste certificate submitted by the Respondent No.1.

10. KPSC notified the final list of selected candidates on 29th November 2005. The Appellant was selected for the post of Deputy Superintendent of Police and the Respondent No.1 was selected for the post of Assistant Commissioner (Junior Grade Scale). Both the Appellant and the Respondent No.1 were selected under the Reserved Category II-A of the Reservation Policy. The Respondent No.1 secured 1152 marks and was placed at Sl. No. 15 in the category of posts of Assistant Commissioner, whereas the Appellant secured 1151 marks and was placed at Sl. No.6 in the category of posts of Deputy Superintendent of Police.

11. The Appellant claims that in 2005, he came to know that the Respondent No.1’s father belonged to the ‘Lingayat’ caste whereas the Respondent No.1 had claimed the benefit of reservation under Category II-A of the Reservation Policy claiming that he belonged to the ‘Ganiga’ caste. The Appellant contends that the ‘Lingayat’ caste including the sub-castes thereof fall under Category III-B with 5% reservation whereas Hindu Ganiga falls under Category II-A with 15% reservation.

12. The Appellant filed an appeal under Section 4D of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backwar