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2005 Supreme(Kar) 364

S.R.NAYAK, V.JAGANNATHAN
B. A. KAGALI – Appellant
Versus
SECRETARY, DEPARTMENT OF SOCIAL WELFARE, BANGALORE – Respondent


Advocates appeared:
Sri Pramod N. Kathavi and Sri B. Pramod, Advocates for Appellants in both W.As;
Sri Deshraj, Government Advocate for Respondents-1 to 4 in both W.As;
Sri Ravi Malimath, Advocate for Respondent-5 in both W.As;
Sri B.V. Acharya, Senior Counsel for Sri H.T. Nagaraja, Advocate for Respondent-6 in both W.As.

JUDGMENT

In these two writ appeals the correctness of the order of the learned Single Judge dated 17th April, 2003 in W.P. No. 24736 of 2001 and W.P. Nos. 24395 and 24396 of 2000 is assailed. The sixth respondent herein, viz., Smt. Ramani is the writ petitioner in W.P. No. 24736 of 2001. Smt. Ramani is a 'Kuruba' by caste barn outside Coorg District. In the year 1977, she was married to one HT. Devaraj, a kuruba by birth, residing at Dechoor, Madikeri in Coorg District. In terms of the Constitution (Scheduled Tribes) Order, 1950, the husband of Smt. Ramani is a Scheduled Tribe an account of the being a 'Kuruba' from Coorg District. There is no controversy between the parties that the husband of Smt. Ramani and two children born out of the wedlock belong to Scheduled Tribe in terms of the Constitution (Scheduled Tribes) Order, 1950. In the year 1981 Smt. Ramani applied to the Tahsildar, Madikeri, for a certificate to the effect that she belongs to Scheduled Tribe she being a 'Kuruba' and resident of Coorg District. The Tahsildar after due verification of the facts issued a certificate dated 14-3-1981, certifying that Smt. Ramani belongs to Scheduled Tribe under the Constitution (Sch













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