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2021 Supreme(Kar) 275

B.V.NAGARATHNA, HANCHATE SANJEEVKUMAR
R. S. Mahadev, S/o Sanna Ramaiah – Appellant
Versus
B. R. Gopamma, W/o Govindaiah – Respondent


Advocates Appeared:
For the Appellant :Sri.A.Nagarajappa, Advocate

JUDGMENT :

The legality and correctness of order dated 26/03/2016, passed in W.P.No.8209/2016 is called in question in this intra-court appeal, by respondent No.6 in the writ petition.

2. Briefly stated, the facts are that respondent No.1 herein/petitioner had assailed the correctness of order dated 26/12/2015, passed by respondent No.2 herein, by which the caste certificate issued in her favour to the effect that she belongs to the Scheduled Caste community, was cancelled on the ground that she had failed to produce any document in order to substantiate the fact that she belongs to “Adi Karnataka Caste” notified as a Scheduled Caste. It is not in dispute that respondent No.1 married Govindaiah who belongs to Scheduled Caste. Consequently, respondent No.1 sought and was issued a caste certificate in the year 1979 that she belongs to the Scheduled Caste community. She was, thereafter, appointed as Kannada Teacher on 05/11/1979 in JSS High School, which is an aided institution, on the basis of the said caste certificate. She served in the said institution and has retired from service on 30/09/2015 on attaining the age of superannuation.

3. Just prior to her retirement, on 08/09/2011, th

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