- 1 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 147040 OF 2020 (S-DIS) BETWEEN: SHRI. BHEEMAPPA S/O. BALAPPA PUJARI AGE: 57 YEARS, OCC: SENIOR ASSOCIATE, R/O: H.NO.20, SAI NILAYA, BEHIND R.S.CERAMICS FACTORY, PRASHANT NAGAR, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARWAD. …PETITIONER (BY SRI. SUNIL S.DESAI, ADVOCATE) AND: 1. THE CHAIRMAN AND THE DEPUTY COMMISSIONER, DISTRICT CASTE VERIFICATION COMMITTEE, DHARWAD DISTRICT, DHARWAD-580001. 2. THE APPOINTING AUTHORITY/ REGIONAL MANAGER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, REGION-1, NEWWORK-II, A.0.-6, T.S.COMPLEX, KESHWAPUR, SOLAPUR ROAD, HUBBALLI-580028, TQ: HUBBALLI, DIST: DHARWAD. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 3. THE BRANCH MANAGER STATE BANK OF INDIA, GOKUL ROAD BRANCH, NEAR NEHRU NAGAR WATER TANK, GOKUL ROAD, HUBBALLI-580030, TQ: HUBBALLI, DIST: DHARWAD. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. SURESH S.GUNDI, ADVOCATE FOR R2 AND C/R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, TO QUASH THE IMPUGNED ORDER DATED 25.06.2020 REF TO LETTER NO.RM-1/HR:116 ISSUED BY THE RESPONDENT NO.3 ANNEXURE-F AND IMPUGNED ORDER DATED 26.06.2020 ISSUED BY THE RESPONDENT NO.3 BEARING NO.NIL AS PER ANNEXURE-G AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this petition, petitioner seeks the following reliefs: i. Issue a Writ of Certiorari or any other Order or Direction, to quash the impugned order dated 25.06.2020 Ref to Letter No.RM- 1/HR:116 issued by the respondent No.3, as per ANNEXURE-F and impugned order dated 26.06.2020 issued by the respondent No.3 bearing No. NIL as per ANNEXURE-G. ii. Issue a Writ of Certiorari or any other Order or Direction, to quash the impugned order dated 06.02.2015 bearing No.GSaKa/S.1/JaPa/CR/3/ 2014-15 passed by the respondent No.1 as per ANNEXURE-H. iii. Issue a Writ of Mandamus or any other Order or Direction, directing the Respondents to extend the benefit of Government Order dated 11.03.2002 bearing No. SWD 713 SAD 93 Bengaluru produced as ANNEXURE- by considering the representation dated 22.10.2003 as per ANNEXURE- B. iv. Issue any other appropriate Writ or Order or Direction which deems fit to grant by this - 4 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 Hon'ble Court under the facts and circumstances of the case. 2. Heard the learned counsel for the petitioner and learned counsel for respondents. 3. A perusal of the material on record will indicate that the petitioner obtained appointment as a Peon in the respondent Nos.2 and 3-State Bank of India (for short, ‘Bank’), in the year 1985 by producing a caste certificate indicating that he belongs to Tokre Koli Community, which is classified as a Scheduled Tribe. On 11.03.2002, the State Government issued a Government Order pursuant to the decision of the Constitution Bench of the Apex Court in Civil Appeal No.2294/1986 dated 28.11.2000. The petitioner, who contended that he was entitled to the benefit of the said Government Order dated 11.03.2002, approached this Court in WP No.46638/2003, seeking extension of the said benefit conferred under the said order and for other reliefs. 4. During the pendency of the said petition, the caste certificate issued in favour of the petitioner having - 5 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 been cancelled by the respondent No.1-District Caste Verification Committee (for short, ‘the Committee’), on 03.09.2003, the petitioner approached the Court in WP No.46638/2003, inter alia, contending that the Caste Verification Committee did not have jurisdiction or authority under the law and that it was only the Committee constituted pursuant to the order passed by the Apex Court in the case of Kumari. Madhuri Patil and Another Vs. Additional Commissioner Tribal Development and Others1, that would necessarily have to adjudicate upon the legality or validity of the caste certificate issued in favour of the petitioner. Under these circumstances, this Court disposed of the aforesaid WP No.46638/2003, vide final order dated 29.03.2011, by setting aside the order of the Caste Verification Committee and remitting the matter back to the Caste Verification Committee constituted in 2009, for reconsideration afresh in accordance with law. 1 (1994) 6 SCC 241 - 6 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 5. After remand, the respondent No.1-Committee proceeded to pass the impugned order dated 06.02.2015 at Annexure-H, once again cancelling the caste certificate issued in favour of the petitioner. In pursuance of the same, the respondent Nos.2 and 3-Bank proceeded to terminate the services of the petitioner, vide order and communication at Annexures-F and G dated 25.06.2020 and 26.06.2020 respectively. Aggrieved by the impugned order dated 06.02.2015 vide Annexure-H passed by the respondent No.1 and the impugned orders at Annexures-F and G dated 25.06.2020 and 26.06.2020 respectively passed the respondent Nos.2 and 3, the petitioner is before this Court by way of the present petition. 6. Learned AGA for respondent No.1 and learned counsel for respondent Nos.2 and 3 would reiterate the various contentions urged in the statement of objections and submit that there is no merit in the petition and the same is liable to be dismissed. - 7 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 7. Before adverting to the rival contentions, it would be necessary to extract the earlier order passed by this Court in WP No.46638/2003 dated 29.03.2007 referred to supra, which is as hereunder; “Heard the learned Counsel for the petitioner and the learned Counsel for the respondents. 2. The facts for the case are as follows:- The petitioner was appointed as a peon in the respondent-State Bank of Mysore, represented by respondent Nos. 5 to 7, at its Hiriyur branch. The petitioner had rendered 18 years of service prior to the filing of this writ petition. He was issued with a show cause notice regarding verification of his caste on the ground that the petitioner belonged to Ambiger community but the certificate produced by the petitioner was as Tokre Koli community. Thereafter, the services of the petitioner came to be terminated by an order of termination dated 11.05.2000. The question of the caste status of the petitioner was referred to the District Caste Verification Committee, which took a view that the petitioner had secured a false certificate. The said order was challenged by way of an appeal. The Appellate Authority had set aside the order passed by the Caste Verification - 8 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 Committee and remanded the matter for a fresh consideration. In that view of the matter, the respondents have reinstated the petitioner on the request made by the petitioner, by his letter dated 18.01.2001. This was subject to the out come of the final decision of the Caste Verification Committee. The petitioner had appeared before the Caste Verification Committee, which again by its order dated 03.09.2003, formed an opinion that the petitioner did not belong to the Tokre Koli community. The petitioner had originally challenged the order of termination following the disciplinary proceedings initiated by the bank and the order passed by the Caste Verification Committee dated 17.04.1999 before this Court in W.P.No. 19788/2000, which was disposed of by order dated 31.07.2003 on the ground that it did not survive for consideration. The petitioner after receiving the communication of the decision of the Caste Verification Committee dated 03.09.2003, and on legal advice, approached the Tahsildar-Dharwad with a request to extend the benefit of the Government Order dated 11.03.2002 at Annexure-H to the writ petition, which indicated that the State Government had taken a decision to continue the employment of persons such as the petitioner notwithstanding that the caste - 9 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 certificate produced by them was found to be in correct or that it did not enable the petitioner to seek benefits provided to certain scheduled tribes. This was also brought to the attention of the Bank through its Employers Union and in terms of the order of the Caste Verification Committee, the petitioner has surrendered his caste certificate by a letter dated 22.10.2003 and therefore, the petitioner has sought for the benefit of the Government Order dated 11.03.2002. Respondent Nos. 5 to 7, representing the Management of the State Bank of Mysore, however, were contemplating dispensation of the services of the petitioner and it is in that background that the present petition is filed. 3. The learned Counsel for the respondents however, would submit that the present petition merely seeks a writ of mandamus, directing the respondents to extend the benefit of the Government Order dated 11.03.2002 and to restrain the Management of the Bank from continuing disciplinary proceedings against the petitioner and to further restrain the respondents from terminating the services of the petitioner in view of the Government Order dated 11.03.2002 and in the absence of any challenge to the order passed by the District Caste Verification - 10 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 Committee dated 03.09.2003, which has attained finality. It is however, pointed out that the order passed by the District Caste Verification Committee is the second order passed to the same effect, since the earlier order passed has been challenged by the petitioner before the Appellate Authority, which on remand by the Appellate Authority has been reconsidered by the District Caste Verification Committee and a fresh order has been passed. The same having attained finality, the petitioner is not entitled for a direction as prayed for. 4. While the learned Counsel for the petitioner would point out that having regard to the law which is well settled, the very jurisdiction of the Caste Verification Committee in passing such an order has been taken away by the constitution of a Committee on 06.08.2009 pursuant to the direction of the Supreme Court in the case of Kumari Madhuri Patil and another vs. Additional Commissioner, Tribal Development and others ((1994)6 SCC 241) and from the year 2009, it is that committee which would have jurisdiction to address the caste status of an individual and none other. On the other hand, he would submit, without entering upon any other question, the petition could be disposed of while holding that the order passed by the Caste Verification - 11 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 Committee is a nullity since it would have no jurisdiction to decide the caste status of the petitioner and would seek indulgence of this Court in making a formal prayer in the petition to that effect, to seek quashing of the order passed by the Caste Verification Committee as it is nullity from inception 5. The learned Counsel for the respondents are quick on their feet to oppose such a measure as the prayer of the petitioner to amend the petition at this late stage without going through the formalities of an application made by the petitioner seeking amendment of the prayer and the same being considered on merits, with objections in this regard being taken on record and thereafter, the Court may permit any such prayer being amended. 6. This exercise is wholly unnecessary in the admitted circumstances that the order passed by the Caste Verification Committee was without jurisdiction and is a nullity. However, it is still open for the authority to initiate proceedings and address the caste status of the petitioner on the veracity and correctness of the caste certificate based on which, the petitioner has obtained employment. - 12 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 7. In view of the same, the petitioner is permitted o amend the prayer to quash the order passed by the Caste Verification Committee dated 03.09.2003 at Arınexure-F. 8. Accordingly, the writ petition is allowed. The order passed by the Caste Verification Committee at Annexure-F stands quashed with liberty to the Caste Verification Committee constituted in the year 2009 to take appropriate proceedings if it is so warranted. In that view of the matter, the petitioner shall be continued in employment, pending such proceedings that may be taken to address the caste status of the petitioner in accordance with law and the same shall be subject to the ultimate decision taken by the Committee regarding the caste status of the petitioner.” 8. A perusal of the aforesaid order passed by this Court will clearly indicate that, the specific contention of the petitioner that he was entitled to the benefit of the Government Order dated 11.03.2002 (Annexure-A), was considered by this Court and the order of the Committee dated 03.09.2003, was quashed on the ground that the Committee did not have jurisdiction or authority under the - 13 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 law in the light of the Caste Verification Committee constituted in the year 2009, pursuant to the order of the Apex Court in the case of Kumari. Madhuri Patil (supra). Despite the aforesaid facts and circumstances and the Government Order dated 11.03.2002, relied upon by the petitioner, having been specifically noticed in the aforesaid order passed by this Court in WP No.46638/2003, the respondent No.1-Committee has proceeded to pass the impugned order once again rejecting the claim of the petitioner and by cancelling his caste certificate, without considering or appreciating the said Government Order dated 11.03.2002. 9. Under these circumstances, in view of the cryptic, laconic, non-speaking and unreasoned order passed by the respondent No.1-Committee, without assigning valid or cogent reasons as to why the caste certificate of the petitioner was to be quashed thereby violating principles of natural justice, I am of the considered opinion that the impugned order at Annexure-H as well as the subsequent - 14 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 orders at Annexures-F and G deserve to be quashed and the matter remitted back to respondent No.1 for reconsideration afresh in accordance with law. 10. It is also relevant to state that during the pendency of the present petition, petitioner has attained the age of superannuation and as such, no prejudice would be caused to respondent Nos.2 and 3, if the impugned orders are set aside and the matter is remitted back to respondent No.1 for reconsideration afresh in accordance with law. 11. It is also pertinent to note that the impugned orders were stayed by this Court vide interim order dated 03.07.2020, which is as hereunder; “Learned AGA is directed to take notice for respondent No.1. Learned counsel Sri.Suresh Gundi undertakes to appear for respondent Nos.2 and 3. Heard the counsel for the petitioner and respondent Nos.2 and 3 and learned AGA for respondent No.1. The short point for consideration before this Court is whether the impugned termination order - 15 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 passed by the respondent Nos. 2 and 3 is contrary to the judgment of this Court as per Annexure-C wherein this Court relying on judgment rendered by the Hon'ble Apex Court in Kumari Madhuri Patil and another V/s. Additional Commissioner Tribal Development and others reported in (1994) 6 SCC 241 held that the District Caste Verification Committee has no jurisdiction to decide the caste status. It appears after dismissal of the writ petition, the respondent Nos. 2 and 3 have again ventured into examining the veracity and legality of the caste certificate of petitioner as per Annexure-H. Respondent No.1-the District Caste Verification Committee has again proceeded to decide caste status of petitioner contrary to the finding recorded by this Court as per Annexure-C. The Counsel for petitioner would submit that this adjudication is of the year 2015. The respondent Nos. 2 and 3 by relying upon Annexure-H, which came to be passed in the year 2015 have passed the present order of termination without issuing notice to the petitioner. The learned counsel appearing for the respondent Nos. 2 and 3 would vehemently argue and contend before this Court that since there is termination, the same cannot be stayed by this Court. To buttress his arguments, he would rely on - 16 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 the judgment of the Hon'ble Apex Court rendered in State of Uttar Pradesh V/s. Sandeep Kumar Balmiki. Per Contra, counsel for the petitioner would relied on judgment of the Hon'ble Apex Court reported in Civil Appeal Nos. 1429-1430/2020. On perusal of the judgment of the Hon'ble Apex Court reported in Civil Appeal Nos. 1429- 1430/2020 wherein the Hon'ble Apex Court has held that there is no bar for the High Court in exercising judicial review to pass appropriate interim order. The above said judgment is squarely applicable to the present case on hand. The impugned termination order prima facie is in gross violation of principle of natural justice and needs to be examined by this Court. For the reasons stated supra, execution and operation of impugned order dated 25.06.2020 bearing No.RM-1/HR:116 issued by the respondent No.3 as per Annexure-F and impugned order dated 26.06.2020 issued by respondent No.3 as per Annexure- G and impugned order dated 06.02.2015 bearing No.GSaka/S.1/JaPa/CR/ 31/2014-15 as per Annexure-H passed by the respondent No.1 as per Annexure-H are stayed. - 17 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 Cause shown in the affidavit in support of the Ι.Α.Νο.1/2020 is accepted. Production of certified copy of Annexure-H is dispensed with for the time being. However, petitioner is directed to furnish certified copy of Annexure-H within a period of eight weeks.” 12. Aggrieved by the aforesaid interim order passed by this Court in the present petition, the respondent Nos.2 and 3-Bank preferred an appeal to WA No.100110/2020, which was rejected by the Division Bench of this Court as hereunder; “Heard the learned counsel for the appellants, learned counsel for respondent no.1 and learned Government Advocate for respondent no.2. We have perused the impugned order. 2. This intra court appeal is directed against the order dated 03.07.2020 passed in W.P. No.147040/2020 whereby the learned Single Judge was pleased to stay the order dated 26.06.2020 passed by the appellant-Bank on a short ground that the order of dismissal has been passed without issuing any notice much less affording an opportunity of hearing to respondent no.1. 3. The learned Single Judge has deemed it - 18 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 relevant to place reliance on the order of the Hon’ble Apex Court rendered in Civil Appeal Nos.1429-1430/2020. The learned Single Judge has further noticed that the impugned order of termination prima facie appears to be in gross violation of the principles of natural justice audi alteram partem. Admittedly, the caste certificate had reached this Court way back in the year 2003 in W.P.No.46638/2003 which came to be disposed of on 29.03.2011 by quashing the order dated 03.09.2003 passed by the Caste Verification committee and reserving liberty to the Caste Verification Committee constituted in 2009 to take up the issue. The instant appellant-Bank was a party respondent in the said writ petition. Admittedly, the appellant-Bank has not sought for verification of the caste certificate furnished to the employer in the year 1985. That being the admitted facts, the moot question is whether the Caste Verification Committee could have suo motu initiated proceedings to cancel the caste certificate of respondent no.1 or to opine that respondent no.1 has furnished a false certificate. 4. On perusal of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservationof Appointments, etc.) Act, 1990 (hereinafter referred to as ‘the Act’ for short) and the Karnataka Scheduled Castes, Scheduled Tribes - 19 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 and other Backward Classes (Reservation of Appointments, etc.) Rules, 1992, we find that no such powers of suo motu revision are vested in the Caste Verification Committee and sub-section (2) of Section 4-C of the Act stipulates the persons or entity who may seek for verification of the Caste certificate, and hence, on that ground also, we do not find any ground which would warrant interference with the order passed by the learned Single Judge. Accordingly, the writ appeal stands rejected. All contentions of the parties are left open. In view of disposal of the appeal, pending interlocutory applications do not survive for consideration and they stand rejected.” 13. The aforesaid factual circumstances will clearly indicate that, having been the unsuccessful party to the aforesaid interim orders passed by this Court and confirmed by the Division Bench coupled with the fact that the petitioner has attained the age of superannuation during the pendency of the present petition, no prejudice would be caused to the respondent Nos.2 and 3, if the impugned - 20 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 orders are set aside and the matter is remitted back to the respondent No.1-Committee for reconsideration afresh in accordance with law. 14. It is also pertinent to note that, recently in the case of K. Nirmala and Others Vs. Canara Bank and Another2, the aforesaid Government Order dated 11.03.2002 was considered by the Apex Court and since the respondent No.1-Committee obviously did not have the benefit of the judgment of the Apex Court since the impugned order was passed as long back as in the year 2015, it is just and appropriate to direct the respondent No.1-Committee to reconsider the claim of the petitioner bearing in mind the said judgment also. 15. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) Annexures-H, F and G dated 06.02.2015, 25.06.2020 and 26.06.2020 2 2024 SCC Online 2273 - 21 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 respectively are hereby set aside and the matter is remitted back to the respondent No.1-Committee for reconsideration afresh in accordance with law. (iii) The petitioner undertakes to appear before the respondent No.1– Committee on 15.10.2025 without awaiting further notice from the respondent No.1-Committee. (iv) The respondent No.1- Committee shall provide sufficient and reasonable opportunity to the petitioner and take appropriate decision / pass appropriate order bearing in mind the Government Order dated 11.03.2002 vide Annexure-A and the judgment of the Apex Court in the case of K. Nirmala and Others (supra), within four (4) - 22 - HC-KAR NC: 2025:KHC-D:12720 WP No. 147040 of 2020 months from the date of receipt of copy of this order. (iv) Liberty is reserved in favour of the petitioner to submit pleadings, documents, replies etc., which shall be considered by respondent No.1- Committee who shall proceed further in accordance with law. Sd/- (S.R. KRISHNA KUMAR) JUDGE SMM / CT:VH List No.: 1 Sl No.: 3