The main legal point established in the judgment is the authority of the Civil Rights Enforcement Cell to investigate caste certificates and the need for strict scrutiny to prevent fraud in claiming benefits meant for Scheduled Castes and Scheduled Tribes.

S. G. DODDAKALE GOWDA, J.

( 1 ) VALIDITY of action taken by respondents to ascertain the actual caste to which petitioner/s belong as they have availed of certain benefits conferred on persons belonging to Scheduled Caste and scheduled Tribes is questioned in these petitions on the ground that 'civil Rights enforcement Cell' (hereinafter referred to as the 'cell') has no jurisdiction or competence to deal with the matter and suffers from legal malafides.

( 2 ) PETITIONER in writ petition No. 42402 of 1982 was appointed as probationary District Development Assistant in the year 1976 through Public Service Commission as a Scheduled Tribe candidate as he had produced a certificate from competent authority to the effect that he belonged to 'koli Dhor' community. His contention is that when public Service commission has accepted. Caste Certificate produced by him and has been exonerated of the charge of production of false certificate in departmental proceedings held against him, respondents cannot rake up matters settled and action of respondents smacks of malafides. Final order of government in disciplinary proceeding made in No. RDC 85 ENQ. 77, dated 6th March 1982 reads thus:-" The Gazetted Assistant (R) to the divisional Commissioner, Belgaum division, in his letter read (2) above has come to the conclusion that the evidence collected to establish the charge is vague and incomplete. Even the presenting Officer on behalf of Government could not give a definite opinion about the caste of Sri Walikar. The father of the AGO belonged to 'talwar, caste and that they were originally known as 'kolidhor' and that they were called as 'walikar' and 'talwar' on the ground that they were rendering walikarki service to Government by their ancestors. Hence the caste noted as hindu-Talwar indicates profession and not the caste. In view of this it may not be proper to depend on such inconclusive and imperfect evidence which could not establish the charge beyond reasonable doubt. ORDER the Enquiry Officer who conducted a detailed enquiry has reached a conclusion that he has not inclined to hold the AGO responsible for the charge. Government having accepted the findings of the Enquiry Officer are pleased to exonerate Sri S. B. Walikar, Probationary District Development Assistant now working as Gazetted Assistant to the Divisional Commissioner, Gulbarga and absolve him of the charge. "respondents in statement of objections contend that petitioner belongs to 'talwar' community classified as Backward tribe and not to 'koli-Dhor' community and has obtained an appointment representing himself to be a person belonging to Scheduled Tribe. It is also contended that having taken up the plea that he belonged to 'talwar' community, in disciplinary proceeding, it is not open to him now to contend that he belonged to 'koli-Dhor' community, designated as Scheduled tribe. When the matter is at the preliminary stage as to the ascertainment of caste to which the petitioner belongs, it is premature to contend that authorities have no right to issue impugned notice. The petitioner cannot apply either principles or constructive res-judicata or estoppel on the basis of the earlier order dated 6-3-1982 of the first respondent. Petitioner in writ petition No. 10867 of 1983 admits that she belonged to 'mahadev Koli' community. But what she contends is that persons belonging to that community in Bijapur District, from where she hails, when it formed part of Greater bombay State were considered as persons belonging to Scheduled Castes designated as 'koli-Dhor' as they are cognate. So also petitioners in writ petitions nos. 9294 and 9295 of 1983 contend that 'mahadev Koli' and 'dhor communities mentioned in their Secondary School leaving Certificate are synonymous term of 'koli-Dhor' community which is designated as Scheduled Tribe. Petitioners in writ petitions Nos. 9585 and 9586 of 1983 contend that 'ambiger' community of Bijapur District of then greater Bombay State was

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