Marriage to a member of a Scheduled Tribe and permanent residency in the relevant district can establish Scheduled Tribe status under the Constitution (Scheduled Tribes) Order, 1950. Challenges to caste status must demonstrate bona fide and cannot be vexatious.

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 (Scheduled Tribes) Order, 1950. When the matter stood thus, Smt. Ramani applied to the post of lecturer in Physics in the general merit category in response to an advertisement issued by the Bangalore University in the year 1983. After the selection process she was selected and appointed to the post of lecturer in Physics in the general merit category and she accordingly joined the service in the year 1983. When she was serving as a lecturer in Physics in the University, the Bangalore University called for applications to fill up a post of Reader in Physics reserved for Scheduled Tribe category by way of direct recruitment. Smt. Ramani applied for the said post and she was appointed as Reader in Physics against the Scheduled Tribe quota with effect from 20th February, 1989. Subsequently, Smt. Ramani was appointed to the post of Professor of Physics by way of promotion with effect from 14-11-1997.

2. The trouble started in the year 1998 when Smt. Ramani was selected for Professor's post in selection grade and the Syndicate which confirmed the said appointment, however, referred the issue relating to caste status of Smt. Ramani to the Caste Verification Committee, Coorg District. The Caste Verification Committee, by its proceedings dated 3-6-1999, has opined that Smt. Ramani is not entitled to the caste certificate claimed by her. Being aggrieved by the said proceedings of the Caste Verification Committee Smt. Ramani preferred an appeal to the Divisional Commissioner, Mysore who dismissed that appeal by order dated 25-10-1989. When the matter stood thus, the appellants herein filed W.P. Nos. 24395 and 24396 of2000 praying for a writ of mandamus to respondents 1 to 5 therein to initiate action and prosecute Smt. Ramani as per the provisions of Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc. Act, 1990 and Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) (Amendment) Act, 1997. During the pendency of these two writ petitions, the Tahsildar, Madikeri, placing reliance on the order of the Caste Verification Committee dated 3-6-1999 and that of the Divisional Commissioner, Mysore, dated 25-10-1999, without notice to Smt. Ramani, passed an order on 11-6-2001 cancelling the Caste Certificate earlier issued to her. Smt. Ramani being aggrieved by the said order of the Tahsildar dated 11-6-2001 preferred W.P. No. 24736 of 2001. In the said writ petition Smt. Ramani has also assailed the validity of the order of the Caste Verification Committee dated 3-6-1999 and that of the Divisional Commissioner, Mysore dated 25-10-1999. The two writ petitions filed by the appellants herein and the writ petition filed by Smt. Ramani were clubbed and heard toget