- 1 - NC: 2025:KHC:419 WP No. 49595 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.49595 OF 2014 (S-RES) BETWEEN: SRI FYAZ AHMED S/O BABJAN SAB, AGE: 32 YEARS, R/AT GALIBAYALU ALAVALLI VILLAGE, KENCHANAHALLI POST, HOSANAGARA TALUK, SHIMOGA DISTRICT-577 418 …PETITIONER (BY SRI. PRASAD B.S., ADVOCATE) AND: 1. STATE OF KARNATAKA MINISTRY OF REVENUE, VIDHANA SOUDHA, BANGALORE-560 001 REP. BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER SHIMOGA DISTRICT, SHIMOGA-577 201 3. THE ASSISTANT COMMISSIONER SHIMOGA DISTRICT, SHIMOGA-577 334 Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:419 WP No. 49595 of 2014 4. THE TASILDAR HOSANAGARA TALUK, SHIMOGA DISTRICT-577 418 5. SRI NAYAZ AHMED S/O NAZEER AHMED SAB, AGE: 26 YEARS, R/AT GALIBAYALU ALAVALLI VILLAGE, KENCHANAHALLI POST, HOSANAGARA TALUK, SHIMOGA DISTRICT-577 418 …RESPONDENTS (BY SMT. ANITHA N., AGA FOR R1-R4; SRI. SUMANTH KUMAR S. PATIL, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM DTD.30.8.2014 PASSED BY THE R-4 AT HOSANAGARA TALUK VIDE ANNEX-K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner is before this Court under Article 226 of the Constitution of India, questioning the appointment of respondent No.5 as Grama Sahayaka under Official Memorandum dated 30.08.2014 bearing No. PÀæ.¸ÀA.¹§âA¢.UÁæ.¸À.«ªÀ.5/13-14 (PÉgɺÀ½î ºÉÆç½ 1) (Annexure-K). - 3 - NC: 2025:KHC:419 WP No. 49595 of 2014 2. Heard Sri. Prasad.B.S., learned counsel for the petitioner and Smt. Anitha.N, learned Additional Government Advocate for respondent Nos.1 to 4 as well as Sri. Sumanth Kumar.S.Patil, learned counsel for respondent No.5. Perused the writ petition papers. 3. Learned counsel for the petitioner would submit that in pursuance to the Notice dated 02.12.2013 (Annexure-C), both petitioner as well as respondent No.5 applied for the post of Grama Sahayakas. Further, inviting attention of this Court to Notice dated 02.12.2013, it is submitted that one of the condition for submitting application was that the candidate should be within the prescribed income limit. 4. It is the contention of the learned counsel for the petitioner that respondent No.5 submitted Caste Certificate to show that he belongs to Category II(B) and his annual family income is Rs.11,000/-. Learned counsel would further submit that the family income of respondent No.5 is more than Rs.50,000/- in terms of the Enquiry Report submitted by the Tahsildar as directed by this Court. Therefore, he submits that - 4 - NC: 2025:KHC:419 WP No. 49595 of 2014 respondent No.5 would not be entitled for appointment as Grama Sahayaka. Further, it is contended that a person who submits false certificate is to be considered as ineligible for appointment. Thus, he prays for allowing the writ petition. 5. Learned counsel for respondent No.5 strenuously opposes the prayer of the petitioner and submits that appointment shall have to be made in terms of the Circular dated 22.03.1979 (Annexure-R2) as well as Circular dated 23.10.2007 (Annexure-R3). It is submitted that the appointment of respondent No.5 is in accordance with the above stated Circulars. Hence, no interference is required. Further, learned counsel would submit that the condition of income limit is not prescribed under the Circulars and production of certificate is irrelevant for the purpose of appointment of the Grama Sahayaka. Thus, he prays for dismissal of the writ petition. 6. Learned AGA referred to affidavit of respondent No.4-Tahsildar dated 16.10.2020 and Annexures annexed to the affidavit and submits that the appointment of respondent - 5 - NC: 2025:KHC:419 WP No. 49595 of 2014 No.5 is in accordance with the Circulars stated above and as such, no interference is required. 7. Having heard the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that the petitioner would not be entitled for any relief as prayed in the petition. 8. It is not in dispute that the petitioner as well as respondent No.5 applied for the post of Grama Sahayaka in pursuance to Notice dated 02.12.2013 (Annexure-C). One of the conditions in the Notice dated 02.12.2013 is that applicant shall be within the income limit. No income limit is stated or prescribed under the said Notice. Respondent No.5 had submitted category II(B) caste certificate showing his annual family income as Rs.11,000/-. Income or caste certificate is of no relevance or consequence and it is irrelevant to the post which is not earmarked for any category. The appointment shall be in terms of Circular dated 22.03.1979 (Annexure-R2) and Circular dated 23.10.2007 (Annexure-R3). The petitioner is not able to point out any violation of the Circulars stated above in the matter of appointment of Grama Sahayaka i.e., - 6 - NC: 2025:KHC:419 WP No. 49595 of 2014 respondent No.5. In terms of Circular dated 22.03.1979, the selection of Grama Sahayakas shall be confined to the Members of the backward class families of inferior village officers like Thotios, Niraganties, Thalaras, Soth Sandhis, Walekars Maliars, Darkars, Talawara, Nes, Dalutidars, Talayaris, Vettis, Kulwadin and Urganis. The Assistant Commissioner shall scrutinize such selections and revise or modify the orders of the Tahsildar in case the Tahsildar violates any of the conditions. Circular also makes it clear that the Deputy Commissioners of the concerned Districts will be in overall supervision of the work by the concerned Assistant Commissioners or Tahsildars. As the petitioner is not in a position to point out any violation of any conditions of Circulars referred above, I am of the opinion that there is no irregularity in appointment of respondent No.5 as Grama Sahayaka. There is no merit in the writ petition and accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 42