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2019 Supreme(Kar) 578

IN THE HIGH COURT OF KARNATAKA
L. Narayana Swamy, R. Devdas, JJ.
Hindustan Aeronautics Limited - Appellant
Vs.
Hemavathy - Respondent
Writ Appeal No. 3666 of 2016, 3483 of 2016
Decided On : 03-07-2019

Advocates Appeared:
Pradeep S. Sawkar, Adv., K.V. Dhananjay, Adv., C. Jagadish, Adv.

Headnote:

Constitution Of India,1950 - Protection of claims - Exercise Of Its Jurisdiction - Enquiry -Appellate Authority of appellant-Company and appeal came to be rejected first respondent filed two writ petitions challenging orders of Caste Verification Committee and Appellate Authority thereto and other writ petition was with respect to order of dismissal and order of Appellate Authority- Both writ petitions being allowed by separate orders appellant-Company is before this Court assailing orders passed by Single Judges –Held Societal good lies in ensuring probity- That is only manner in which sanctity of system can be preserved legal system cannot be seen as an avenue to support those who make untrue claims to belong to a caste or tribe or socially and educationally backward class- These benefits are provided only to designated castes tribes or classes in accordance with constitutional scheme and cannot be usurped by those who do not belong to them- credibility not merely of legal system but also of judicial process will be eroded if such claims are protected in exercise of constitutional power conferred Court having noticed that respondent had retired from service and had even been paid terminal dues and in peculiar facts declined to order recovery from respondent- In conclusion Supreme Court that directions which were issued by constitution Bench of Supreme Court decision in were in pursuance of powers vested in Supreme Court Constitution- Finality does not attach to a caste certificate (or to claim to receive benefits) where claim of individual who belong to a reserved caste or tribe or class is yet to be verified by Scrutiny Committee- Withdrawal of benefits secured on basis of a caste claim which has been found to be false and is invalidated is a necessary consequence which flows from invalidation of caste claim and no issue of retrospectively would arise is an ingredient of penal provisions contained in respective legislations of State- Such penal provisions would apply in those situations where act constituting offence has taken place after date of its enforcement case District Caste Verification Committee has held that first respondent belongs community- It is also seen in order of Caste Verification Committee that first respondents father surrendered his caste certificate and also that of his children to secure benefit of Circular dated - Appeal allowed

JUDGMENT :

R. Devdas, J.

The first respondent herein had preferred two writ petitions, in W.P.No.6383/2014, she had questioned the order of the District Caste Verification Committee and the Appellate Authority, while in W.P.No.29850/2014, the first respondent had questioned the order of dismissal passed by the appellant-employer. Since the orders passed in both the writ petitions arise out of the caste claim made by the first respondent, both the writ appeals are heard and disposed of by this common judgment.

2. The first respondent, in response to an advertisement made by the appellant-Company, made an application seeking appointment as Engineer (Grade- II) in a single vacant post which was reserved for Scheduled Tribe category. The first respondent furnished a caste certificate dated 14.01.1991 certifying that she belonged to 'Jenu Kuruba' community which falls under the Scheduled Tribe category.

3. It appears that the first respondent was visited with a notice dated 05.10.2005 issued by the Social Welfare Office, Mandya District, calling upon her to appear in person and produce documents pertaining to her caste status for verification, which had been submitted by her at the time of joining service. After enquiry the District Caste Verification Committee, by order dated 11.11.2009 held that the first respondent does not belong to 'Jenu Kuruba' community but she belongs to 'Kuruba Gowda' community which is not a Scheduled Tribe category. The appellant-Company, having received the order of caste verification, issued a notice to the first respondent to show cause within ten days as to why she should not be dismissed from service. On considering the reply given by the first respondent, the appellant-Company, on holding that the first respondent had submitted a false caste certificate, proceeded to dismiss the first respondent from service, by order dated 14.01.2014. Aggrieved by the order of dismissal, the first respondent preferred an appeal before the Appellate Authority, Scheduled Tribes Welfare, challenging the order dated 11.11.2009 passed by the third respondent-District Caste Verification Committee. In the meanwhile, the first respondent also made an appeal before the Chairman and Appellate Authority of the appellant-Company and the appeal came to be rejected on 04.03.2014. The first respondent filed two writ petitions, challenging the orders of the Caste Verification Committee and the Appellate Authority thereto and the other writ petition was with respect to the order of dismissal and order of the Appellate Authority. Both the writ petitions being allowed by separate orders, the appellant-Company is before this Court assailing the orders passed by the learned Single Judges.

4. Learned Counsel for the appellant submits that a larger Bench of three Judges of the Hon'ble Apex Court, in the case of Chairman and Managing Director, FCI and Others. Vs. Jagdish Balaram Bahira and Others, (2017) AIR SC 3271 has considered all the earlier judgments of the Apex Court in matters of securing appointments on the basis of false caste certificate and the consequences thereto. The learned Counsel for the appellant would further submit that the decisions of the Apex Court in the case of State of Maharashtra Vs. Milind and Others, (2001) AIR SC 393, Geeta Vs. State of Madhya Pradesh & Ors., (2007) AIRSCW 3892, Ritesh Tewari and Another Vs. State of Uttar Pradesh and Others, (2010) 10 SCC 677, Punjab National Bank and Another Vs. Vilas S/o Govindrao Bokade and Another, (2008) 14 SCC 545, Shalini Gajananrao Dalal Vs. New English High School Assocation and Others, (2013) 16 SCC 526, Bank of India Vs. Avinash D. Mandivikar, (2005) 7 SCC 690, and all other decisions have been considered in Chairman and Managing Director, FCI (supra). The learned Counsel would further submit that the basis of the contention put forth by the first respondent having regard to the Circular dated 11.03.2002, issued by the State Government has been considered by the Hon'

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