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INDIRA BANERJEE, J. K. MAHESHWARI
M. V. Chandrakanth – Appellant
Versus
Sangappa – Respondent
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:-
| “CATEGORY - I | 4% |
| CATEGORY - II(A) | 15% |
| CATEGORY - II(B) | 4% |
| CATEGORY - III(A) | 5% |
| CATEGORY - III(B) | 5% |
| SCHEDULED CASTES | 15% |
| SCHEDULED TRIBE |
Caste Report was made in accordance with provisions of SC/ST and OBC Reservation Act, can be accepted as true.
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Caste validation certificates directly impact employment rights; wrongful classification can lead to termination, which the court corrected based on precedent.
Article 14 is not meant to perpetuate illegality and it does not envisage negative equality
The main legal point established is the importance of considering candidates under the correct caste category, taking into account the fluidity of caste classifications and the lack of specific provi....
The main legal point established in the judgment is the invalidation of the caste certificate and the overruling of previous decisions by a larger bench, leading to the dismissal of the first respond....
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