ORDER

The petitioners are before this Court under Article 226 of the Constitution of India questioning Annexure-H, Memorandum bearing No.E3/N M Bho/2014-15/268, dated 18.08.2014 issued by Block Education Officer, Gokak and also Annexure-J dated 3.8.2014, issued by respondent No.2 calling upon petitioner No.2 to furnish documents relating to caste so as to enquire about status of the caste of petitioners.

2. Heard Sri.S.S.Beturmah, learned counsel for the petitioners and Sri.C.Jagadeesh, learned Special Government Advocate for respondents No.2 & 3, perused the writ petition papers.

3. It is stated that Tahsildar, Gokak issued Caste Certificate on 2.5.1989 to petitioner No.1. It is further stated that Petitioner No.1 was appointed as Teacher in the Education Department on 15.09.1989. In respect of petitioner No.2, Tahsildar issued Caste Certificate on 17.02.1994 and petitioner No.2 was appointed as Non-clinical Assistant in Medical Department. It is further stated that under impugned Memorandum as well as letter issued by respondent No.2, the petitioners were asked to submit documents relating to their caste so as to enquire their caste status.

4. Learned counsel for the petitioners places reliance on decision of Division Bench of this Court in Channabasayya Vs. State of Karnataka1, wherein in an identical situation, Division Bench of this Court has held that Caste Verification Committee would get jurisdiction to enquire about status of the caste.

5. Learned Special Government Advocate Sri.C.

Jagadeesh would not dispute the said legal position.

6. A perusal of the aforesaid decision in Channabasayya’s case (supra), it is seen that Division Bench of this Court had formulated question as to, whether the Deputy Superintendent of Police, CRE Cell has authority to call upon the petitioner to appear with regard to veracity of Caste Certificate and held that it is for the Caste Verification Committee to conduct an enquiry in regard to caste.

7. In terms of the Karnataka SC/ST & Other Backward Classes (Reservation of Appointments, Etc.) Act, 1990 as well

1 WA No.100375/2017, dated 17.08.2020

as the Karnataka SC/ST & Other Backward Classes (Reservation of Appointments, Etc.) Rules, 1992, the Appointing Authority and Admission Authority shall refer the Caste Certificate for validity and verification to the Committee. The impugned notice at Annexure-H and J would not indicate any proceedings by the District Caste Verification Committee or Validity Committee. In that view of the matter, Annexure-H and J are liable to be quashed.

8. In the result, I proceed to pass the following:

ORDER

a) Writ Petition stands allowed.

b) Annexure-H, Memorandum bearing No.E3/N M Bho/2014-15/268, dated 18.08.2014 issued by Block Education Officer, Gokak and also Annexure-J dated 3.8.2014, issued by respondent No.2 are hereby quashed.

c) It is open for the Appointing Authority to initiate appropriate action against the petitioners, if so advised, in accordance with law.