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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Siddanagowda Basanagowda Lakkanagowdara S/o Basanagowda Lakkanagowdara – Appellant
Versus
Commissioner and Appellate Authority, Bengaluru – Respondent
ORDER :
1. The petitioners are before this Court seeking the following prayers:
In W.P.NO. 101338/2024
In W.P.NO. 101338/2024
A. issue a Writ or order in the nature of writ of Certiorari for quashing the impugned Order No. HIWAKE/MASHA/CR-30/ 2020-21, dated 20.04.2022 passed by the Respondent No.1 vide Annexure-S and accordingly quash the impugned order no. DBCM/SIDHUSTWA/CR-14/ 2010-11 dated 06.08.2020 issued by 2nd respondent vide Annexure-P, since the petitioner belongs to Category II-A and not to the Category III-B.
B. to issue a Writ or order in the nature of writ of Certiorari for quashing the impugned order no. NWKRTC/KEKA/HU/DME/34(19)/768, dated 14.07.2021 passed by the Respondent no.4 vide Annexure-N and accordingly quash the impugned order no. NWKRTC/HUWI/ SIBBANDHI/NEMAKA/a10/ 2535 dated 11.07.2019 issued by 5th respondent vide Annexure-M and the respondent no.4 and 5 be directed to re-instate the petitioner to his original post of driver cum conductor.
C. PASS any other relief/reliefs, orders, directions, writ as deemed fit to grant, in the interest of justice and equity.
2. The petitioners in both these cases were appointed as trainee Driver-cum-Conductors on the strength of
Caste validation certificates directly impact employment rights; wrongful classification can lead to termination, which the court corrected based on precedent.
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....
In the absence of confirmation of service and pendency of departmental process to verify caste certificate, protection against ouster as per Kavita Solunke and Shalini judgments is not applicable.
Point of Law : High Court while exercising powers under Article 226 has power to do substantial justice.
The main legal point established in the judgment is the invalidation of the caste certificate and the overruling of previous decisions by a larger bench, leading to the dismissal of the first respond....
List of Scheduled Castes – State has no jurisdiction to tinker with Presidential Orders issued under Article 341 of Constitution of India.
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....
Caste Report was made in accordance with provisions of SC/ST and OBC Reservation Act, can be accepted as true.
Termination of service based on reclassification of caste is unlawful if the applicant acted in good faith and without fraud or misrepresentation.
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