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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
V Srishananda, J.
Dr. Guddadev S/o Gollappa Yadrami - Appellant
Vs.
The Director, Schedule Tribes Welfare & Appellate Authority, Krishi Bhavan, II Floor, Hudson Circle, Bangalore - Respondent
Petition No. 205994 Of 2014 (GM-CC)
Decided On : 01-04-2024
Caste Certificate - Employment - 10th Standard Marks Card, Transfer Certificate - [Annexure-A, Annexure-A1, Annexures-J1, K1] - The court dismissed the writ petition challenging the cancellation of the caste certificate and the dismissal from service, holding that the petitioner obtained employment based on a fraudulent caste certificate and suppressed material facts, thereby denying a fair chance to a Scheduled Tribe person. The court also noted that the petitioner's actions before the Appellate Authority contradicted his claims, and that a fraudulent document is non est from the beginning and cannot be countenanced in law.
Fact of the Case:
The petitioner, an Ayush Medical Officer, obtained employment based on a caste certificate claiming to belong to the 'Gonda' Scheduled Tribe community. However, an enquiry was initiated based on complaints, and it was found that the petitioner's caste certificate was fraudulent.
Finding of the Court:
The court found that the petitioner obtained employment based on a fraudulent caste certificate, suppressed material facts, and contradicted his claims before the Appellate Authority. The court held that a fraudulent document is non est from the beginning and cannot be countenanced in law.
Issues: The issues revolved around the validity of the petitioner's caste certificate, the suppression of material facts, and the contradiction in the petitioner's claims before the Appellate Authority.
Ratio Decidendi: The court emphasized that a fraudulent document is non est from the beginning and cannot be countenanced in law. It also held that a party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to suit his convenience.
Final Decision: The writ petition was dismissed as devoid of merits, and none of the reliefs sought by the petitioner were granted.
Heard Sri T.H.Avin, learned counsel for the petitioner, Sri Huleppa Heroor, learned counsel for respondent No.5 and Sri C.Jagadish, learned Special Government Advocate.
2. The writ petition is filed with the following reliefs:
(b) Issue a writ of certiorari quashing the impugned order passed by respondent No.1 in DSTW/AppealCR-1/2011-12 dated 11.09.2014 produced at Annexure-A1, in the interest of justice.
(c) Pass any other writ, order or direction, as deemed fit by this Hon’ble Court.
[sub para No.(d) of prayer column mentioned below is added in this petition as per order of this Hon’ble Court on I.A.No.1/2016, dated 26.06.2023]
(d) Issue a writ of certiorari quashing the impugned cancellation of the Caste Certificate dated 12.05.2016 vide Annexure-P passed by the respondents, in the interest of justice and equity.
[sub para No.(e) of prayer column mentioned below is added in this petition as per order of this Hon’ble Court on I.A.No.2/2017, dated 26.06.2023]
(e) Issue a writ of certiorari quashing the impugned order bearing No.Sam/Kam/Sankirna-2/611/2014-15, dated 13.10.2015 vide Annexure-Q, passed respondent No.7 cancelling the Caste Certificate of the petitioner, in the interest of justice and equity.
[sub para No.(f) of prayer column mentioned below is added in this petition as per order of this Hon’ble Court on I.A.No.2/2023, dated 26.06.2023]
(f) Issue a writ of mandamus directing respondents No.3 & 9 to reinstate the petitioner notionally into service, to the post held by the petitioner immediately before he was dismissed from service, and treat him as deemed to have been continued in service and retired on attaining the age of superannuation on 31.05.2018 and to provide all service benefits including arrears of salary, leave salary, promotions, pension benefits, gratuity, GPF, GIS etc., in the interest of justice and equity.”
3. Facts in brief which are utmost necessary for disposal of the writ petition are as under:
4. Thereafter, based on the complaint given by respondent Nos.4 and 5, there was an enquiry with regard to caste certificate produced by the petitioner.
5. Petitioner contended that in the District of Gulbarga, ‘Kuruba’ community and ‘Gonda’ community are one and the same and the words ‘Kuruba’ and ‘Gonda’ are used as synonyms. Subsequent to the year 1993, there were serious disputes that ‘Kuruba’ community is a distinct community, though both communities are one and the same communities. Thereafter, the State Government, as early as on 10.02.1997 recommended to the Government of India to include ‘Kuruba’ community of Gulbarga District to be included as Scheduled Tribe community which is nothing but synonym of ‘Gonda’ community. The State Government had also issued a Government Order that persons belonging to ‘Kuruba’ community in Gulbarga district shall not be liable for penal or disciplinary action for having obtained a caste certificate as they are belonging to ‘Gonda/Rajagonda’ community on 02.09.1986. When the matter stood thus, enquiry was held as to which caste the petitioner belongs to and Orders at Annexures-A and A1 came to be passed. The operative portions of Annexures-A and A1 read as under:
“In view of the reasons stated above, I hold that the respondent No.5 belongs to ‘Kuruba’ communit
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
A person who fraudulently obtains a caste certificate by misrepresenting facts is not entitled to the benefits reserved for the caste or community mentioned in the certificate.
A person who is not aggrieved by an order issued under the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community certificates Act, 1993, does not h....
Caste Certificate – Cancellation of - Subsequent declaration of law by overruling the N.E.Horo cannot ipso facto result in the caste certificate issued to respondent No.l herein being fraudulent, ill....
Undue cancellation of caste certificate requires adherence to procedural fairness; the burden of proof lies with authorities disputing caste claims.
The court emphasized the necessity for fair inquiry processes and the principle of inherited social status in inter-caste marriages, ruling that the petitioner was wrongly denied Scheduled Tribe stat....
The main legal point established in the judgment is the protection of the petitioner's service despite the cancellation of her caste certificate, along with the limitation on claiming benefits as a S....
The Sub-Divisional Officer lacks jurisdiction to cancel caste certificates; only the High Power Caste Scrutiny Committee can do so after following due process.
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