1. The present writ petition has been filed by the petitioner challenging the order passed by Karnataka State Administrative Tribunal, Bengaluru (hereinafter referred to as ‘KAT’ for short) in application No. 6072/2014 dated 11.12.2017.

2. We have heard the learned counsel Sri. S.B. Hebballi for the petitioner and Sri. C. Jagadish Patil, learned Special Counsel for the respondent-State.

3. The brief facts of the case are that, petitioner was appointed as the Second Grade Typist by order dated 16.01.1996. It is the case of the petitioner that, she belongs to ‘Tokare Koli’ caste recognized as Scheduled Tribe and she has been appointed against the reservation for the Scheduled Tribe candidates. Thereafter petitioner was directed to get the Caste Certificate verified from the Caste Verification Committee, Belagavi and accordingly proceedings were initiated before the Caste Verification Committee and the Deputy Commissioner, Belagavi. The said Committee by order dated 29.10.2001 held that the petitioner does not belong to ‘Tokare Koli’ caste and she belongs to Talwar caste and ultimately held that the Caste Certificate issued was invalid.

Against the said order, petitioner filed an appeal before the Appellate Authority. The Appellate Authority has also confirmed the order of the Caste Verification Committee. On the basis of the said order, Tahasildar cancelled the Caste Certificate of the petitioner by order dated 31.05.2008.

It is the further case of the petitioner that a criminal case was also initiated and in the said criminal case, she was exonerated from all the charges. It is the further case of the petitioner that, after cancellation of the Caste Certificate, service of the petitioner came to be terminated by the respondent and the petitioner challenged the same before the KAT and the KAT dismissed the application as not maintainable granting liberty to the petitioner to challenge the Caste Verification Certificate before the competent authority. Assailing the same, the petitioner is before this Court.

4. It is the specific contention of the learned counsel for the petitioner that, the surname of the petitioner is Talwar, but she belongs to ‘Tokare Koli’ community which is categorized as Scheduled Tribe as per the orders of the Government of India. Without considering and appreciating the said fact, the said Authority has held that the said caste does not belong to ST community and petitioner also does not belongs to the said caste. He further submitted that the Appellate Tribunal without giving any opportunity of hearing the matter in detail, at a threshold dismissed the petition. He further submitted that all the school records and college records clearly go to show that the petitioner belongs to ‘Tokare Koli’ community and the said fact has not been properly considered and appreciated by the KAT and without examining the matters, passed the impugned order. Further, by referring to the Government Order No. SWD-713-SAD-93, Bangalore, dated 11.03.2002, the learned counsel submitted that, if a person has been wrongly got admitted on the basis of a wrong Caste Certificate issued by the competent authority and if the candidate has already put in a longer service, then under such circumstances, as per the said order, the candidate cannot be terminated from the service, but he may be deprived of all further benefits on the basis of the said certificate. KAT has not looked into the said aspect and has erroneously passed the impugned order. It is further submitted that, the said circular is applicable to the present case on hand and even the Hon’ble Supreme Court in the case of Punjab National Bank and Another vs. Vilas S/o Govindrao Bokade and Another, Civil Appeal No. 1548/2007, by referring to the Constitutional Bench decision in the case of State of Maharashtra vs. Milind and Others, AIR 2001 SC 393, has given the same benefit and the said benefit ought to have been given to the petitioner. It is further submitted that the KA