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2025 Supreme(Online)(KAR) 3392
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
HANCHATE SANJEEVKUMAR, J
SRI VEERAPANDI A. – Appellant
Versus
STATE OF KARNATAKA – Respondent
REGULAR FIRST APPEAL NO.1793 OF 2019|O.S. NO.7457/2018|O.S. NO.3311/2016
For the Appellants/Petitioners: SRI MADHUSUDHAN ADIGA B.
For the Respondents: SRI SANTOSH S.GOGI, AAG, SRI RAJENDRA K.
Civil courts maintain jurisdiction to adjudicate cases for caste declaration when not seeking SC/ST/OBC benefits, emphasizing fundamental rights to identity.
Headnote:(A) Code of Civil Procedure, 1908 - Section 9 - Jurisdiction of Civil Court - The plaintiffs, seeking declaration of caste and mother tongue, were misjudged by the trial court as lacking jurisdiction to declare caste based on statutory provisions - The Court emphasized the fundamental right to identity and community recognition post-reconversion to Hinduism - It held that civil courts can adjudicate such matters, contrary to the trial court's ruling. (Paras 24, 26, 54)
(B) Educational Institutions - Rights related to caste records - The plaintiffs are not claiming SC/ST/OBC benefits but seeking proper acknowledgment of community identity in educational records - The order from the trial court, dismissing the suit, was corrected as it denied fundamental civil rights. (Paras 54, 56)
Facts of the case:
The plaintiffs, after reconverting from Islam to Hinduism, sought changes in their children’s school records to reflect their original caste and mother tongue but faced resistance from educational authorities on grounds of jurisdiction.
Findings of Court:
The suit was deemed maintainable by the appellate court as it addressed civil rights to caste acknowledgment post-reconversion.
Issues: Whether the Civil Court possesses jurisdiction to declare the caste of the plaintiffs without claiming SC/ST/OBC benefits.
Ratio Decidendi: The appellate court ruled that the rejection of the plaint by the trial court was erroneous as it misconstrued the jurisdictional issues surrounding caste declarations.
Result: Appeal allowed; trial court's order set aside; matter remanded for fresh consideration.
| Table of Content |
|---|
| 1. identity and religious reconversion impact on caste. (Para 1 , 3 , 4) |
| 2. need to change school records post reconversion. (Para 5 , 6 , 7) |
| 3. jurisdiction of civil court regarding caste declarations. (Para 11 , 12 , 15 , 16) |
| 4. case background and context concerning caste recognition. (Para 21 , 22 , 23) |
| 5. relevant judicial principles on maintaining civil rights. (Para 31 , 34 , 37) |
| 6. fundamental rights to recognize caste. (Para 51 , 52) |
| 7. outcome of appeal and remand for consideration. (Para 54) |
CAV JUDGMENT
This Regular First Appeal is filed by the plaintiffs challenging the judgment and decree passed in O.S.No.7457/2018 dated 03.07.2019 by the Court of XIX Addl. City Civil and Sessions Judge at Bangalore City, thereby, the suit filed by the plaintiffs is dismissed as the Civil Court has no jurisdiction to declare the caste of the plaintiff. Accordingly, the plaint is rejected.
2. For the purpose of convenience and easy reference, rank of the parties is referred to as per their status before the trial Court.
3. Brief facts of the case of the plaintiffs.
The 1st plaintiff is Hindu by birth and his name was Veerapandi A., and he solemnized marriage with the 2nd plaintiff who was a Muslim by religion and after the marriage, the 1st plaintiff embraced Islam religion by changing his name as Vasim Khan. The 3rd and 4th plaintiffs are two children of plaintiff Nos.1 and 2. The 3rd plaintiff born on 11.05.2007 and 4th plaintiff born on04.01.2009.
4. The plaintiff wanted to revert back to their mother religion and accordingly, it is stated that all the plaintiffs underwent Shuddhi ceremony at Arya Samaj, Bengaluru on 24.04.2015 and embraced Hinduism. After reconverting to Hinduism, the old name of 1st plaintiff was regained as Veerapandi A. from Vasim Khan. The 2nd plaintiff’s name was changed as Meenakshi from Asma. The name of 3rd plaintiff was not changed and retained the same as Kumari. Simran. The 4th plaintiff’s name was changed to Harshit Pandi.V from Hussain.
5. It is further case of the plaintiffs that the 3rd and 4th plaintiffs are studying at primary school in the 4th defendant’s school. At the time of admission to the school with the 4th respondent, the names of 3rd and 4th respondents were given as Simran and Hussain and parents name as Vasim and Asma and their religion as Muslim. After undergoing Shuddhi ceremony and once again embracing Hindu religion, the 1st plaintiff being father of 3rd and 4th plaintiffs has given representations to the defendants No.3 and 4 to change in the school records, the names of plaintiff No.4 from Hussain to Harshit Pandi.V and changed parents name Veerapandi A., and Meenakshi respectively and also sought for change of religion from Muslim to Hindu. But the defendants have not taken any steps to honour the request made by the plaintiffs. Therefore, the plaintiff has filed the suit in O.S.No.3311/2016 before the Civil Court and the Civil Court has decreed the suit on 21.10.2016, but defendants have not honoured the decree passed in O.S.No.3311/2016. Therefore, the plaintiffs have filed Ex.P.No.2974/2017. The defendants are stating that there is no mentioning of the caste of the plaintiff and the mother tongue in the decree in O.S.No.3311/2016. Therefore, the said decree is not implemented/executed.
6. The plaintiffs submitted that due to inadvertence, they have omitted to mention their caste as Thevar caste and mother tongue as Tamil in the prayer of O.S.No.3311/2016. Therefore, the plaintiffs with an intention to file suit have sent statutory notice under Section 80 of Code of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’) and stating that the cause of action arouse on 02.01.2017, when the defendants refused to implement the Court decree, filed the suit for declaration to declare the following reliefs:
i. Declaring the caste of the plaintiff as Thevar caste and their mother tongue as Tamil.
ii. Of mandatory injunction directing the defendants for entering the caste an
