IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.G. PANDIT, T.M.NADAF, JJ.
Smt. Sumithra H.R., W/o Sri Raghavendra - Petitioner
Versus
The State Of Karnataka Department Of Women & Child Development - Respondent
Writ Petition No.21453 of 2022 (S-KSAT)
Decided on : 17-06-2025
| Table of Content |
|---|
| 1. non-selection of the petitioner for reservation category. (Para 1 , 2) |
| 2. court's analysis on validity and requirement of caste certificates. (Para 3 , 7 , 9) |
| 3. arguments for considering subsequent caste certificates. (Para 4 , 10) |
| 4. petitioner's argument centered on the validity of caste certificates for reservation. (Para 6) |
| 5. ratio decidendi regarding eligibility and submission timelines. (Para 8) |
| 6. rejection of the writ petition. (Para 11) |
ORDER
S.G.PANDIT, J.
The petitioner, aggrieved by order dated 06.01.2022 in Application No.4890/2019 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short “Tribunal”) rejecting her application, questioning her non-selection to the post of Female Supervisor in the Department of Women and Child Development is before this Court under Article 226 of the Constitution of India.
2. The brief facts of the case are that, the petitioner vide Notification dated 05.10.2016 applied for the post of Female Supervisor in the Department of Women and Child Development claiming reservation under category 2A. The petitioner was called for verification of documents and interview was conducted on 10.01.2018. The petitioner is said to have secured 45% marks. The provisional select list of Female Supervisors was published on 28.11.2018 and the name of the applicant/petitioner was not found, whereas, the names of respondents No.3 to 7 found place in the provisional select list, who were less meritorious than the petitioner. The petitioner is said to have filed her objections to the said provisional select list. However, final select list was published on 26.02.2019. Even in the final select list also, name of the petitioner was not found. The petitioner was issued with an endorsement dated 26.02.2019 (Annexure-A11) stating that the petitioner has scored less marks than the cut-off marks, determined for eligible candidates under reserved category. Questioning the said endorsement as well as non- selection of petitioner’s candidature for the post of Female Supervisor, the petitioner approached the Tribunal in Application No.4890/2019. The Tribunal, under impugned order dated 06.01.2022 rejected petitioner’s application holding that Reservation Certificate has been obtained much later than the last date prescribed, and further observed that the petitioner’s candidature was rightly considered under general merit category. Questioning the said order, the petitioner is before this Court in this writ petition.
3. Heard learned counsel Sri.B.S.Murali for petitioner, Sri.B.Ravindranath, learned AGA for respondent No.1; Sri.Muhammed Shamil, learned counsel for respondent No.2; Sri.Sameer, learned counsel for respondent No.3; Sri.Vijay Kumar G Bagoji, learned counsel for respondent No.5 and Sri.Anantharam C., learned counsel for respondent No.6. Perused the entire writ petition papers.
4. Learned counsel for the petitioner Sri.B.S.Murali would submit that action of the respondent-Selecting Authority i.e., second respondent, in not selecting the petitioner by considering her under category-2A is wholly erroneous and illegal. He submits that the petitioner had claimed reservation under category 2A. Along with the application, the petitioner had also produced Annexure-G/Caste and Income Certificate dated 26.07.2008 and subsequently, the petitioner also produced Annexure-A5/Caste and Income Certificate dated 09.01.2018 obtained subsequent to the recruitment notification. It is his submission that the Selecting Authority ought to have considered both Caste Certificates and ought to have considered petitioner’s candidature under category 2A for selection to the post of Female Supervisor in the department of Women and Child Development. Learned counsel would submit that the Tribunal failed to take note of the Certificates said to have been produced by the petitioner before the Selecting Authority. It is also the submission of the learned counsel for the petitioner that the Tribunal failed to a
RAM KUMAR GIJROYA v/s DELHI SUBORDINATE SERVICES SELECTION BOARD AND ANOTHER
Valid reservation certificates must be submitted by the application deadline to qualify for merit categories in recruitment processes.
A candidate must possess a valid caste certificate as prescribed by advertisement requirements to claim reservation benefits, irrespective of their academic qualifications.
Adherence to specified deadlines and requirements outlined in the advertisement is crucial for the validity of caste certificates and the selection process.
Point of Law : Caste Certificate and Income Certificate issued under 1990 Act are two different and distinct certificates. Both certificates cannot be treated alike.
A married woman must provide a caste certificate based on her father's details to qualify for reservation in public employment, as per the advertisement's requirements.
The judgment established the principle that a person's OBC status is by birth and not by acquisition at a later stage, and certificates are an affirmation of existing status. It emphasized the import....
A late-produced caste certificate cannot be accepted for eligibility if rules specify a cut-off date for submission, highlighting strict compliance with recruitment criteria.
The validity of a caste certificate is crucial for eligibility in recruitment, and expired certificates do not meet the necessary criteria.
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