- 1 - NC: 2025:KHC-D:1134 WP No. 116190 of 2019 C/W WP No. 100571 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.116190 OF 2019 (GM-CC) C/W WRIT PETITION NO. 100571 OF 2024 IN W.P.NO.116190/2019: BETWEEN: ASHOK S/O. HALAPPA MUDALLAVAR, AGE: 40 YEARS, OCC: JUNIOR LAB TECHNICIAN, R/O: KALAVIHALLI, TQ: HIREKERUR, DIST: HAVERI – 581 110. …PETITIONER (BY SRI S.H.MITTALKOD, SRI M.L.VANTI AND SRI VINAY S. KOUJALAGI, ADVOCATES) AND: 1. THE DEPUTY COMMISSIONER AND THE CHAIRMAN OF DISTRICT CASTE AND INCOME VERIFICATION COMMITTEE, HAVERI, DIST: HAVERI – 581 110. 2. THE MEMBER SECRETARY AND PRESIDIENT DISTRICT CASTE AND INCOME VERIFICATION COMMITTEE, HAVERI, DIST: HAVERI – 581 110. 3. COMMISSIONER, DEPARTMENT OF BACKWARD CASTES WELFARE AND APPELLATE LAUTHORITY CASTE/INCOME VERIFICATION, NO.16/D, DEVRAJ ARASU BHAVAN, 3RD FLOOR, NEAR MILLERS LAKE, VASANT NAGAR, BENGALURU – 560 052. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:1134 WP No. 116190 of 2019 C/W WP No. 100571 of 2024 4. THE PRINCIPAL SECRETARY, MEDICAL EDUCATION DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 0052. 5. THE DIRECTOR, KARNATAKA INSTITUTE OF MEDICAL SCIENCES, HUBBALLI, HUBBALLI – 580 009. 6. THE CHIEF ADMINISTRATIVE OFFICER, KARNATAKA INSTITUTE OF MEDICAL SCIENCES, HUBBALLI, HUBBALLI – 580 009. 7. THE TAHASILDAR HIREKERUR, DIST: HAVERI – 581 110. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R4 AND R7; SRI A.D.KULKARNI, ADVOCATE FOR R5 AND R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER BEARING NO DBCM/SINDHUTWA/CR-19/2010-11 D 19/7/2016 PASSED BY THE 2ND RESPONDENT PRODUCED AT ANNEXURE-E AND THE ORDER BEARING NO. HIVAKAE/MASHA/CR – 58/2017-18 DT 26/5/2018 PASSED BY THE 3RD RESPONDENT PRODUCED AT ANNEXURE-U1 IN THE INTEREST OF JUSTICE AND EQUITY INSOFAR PETITION CONCERNED AND ETC., IN W.P.NO.100571/2024: BETWEEN: KALINGAPPA S/O. BASAVANTHAPPA BIDARI, AGE: 43 YEARS, OCC: NIL/AGRICUTLURE, R/O: BILLALLI, TQ: RANEBENNUR, DIST: HAVERI – 581 110. …PETITIONER (BY SRI V. M. SHEELVANT, SRI M.L.VANTI AND SRI VINAY S. KOUJALAGI, ADVOCATES) - 3 - NC: 2025:KHC-D:1134 WP No. 116190 of 2019 C/W WP No. 100571 of 2024 AND: 1. THE DEPUTY COMMISSIONER AND THE CHAIRMAN OF DISTRICT CASTE AND INCOME VERIFICATION COMMITTEE HAVERI, DIST. HAVERI – 581 110. 2. THE MEMBER SECRETARY, DISTRICT CASTE AND INCOME VERIFICATION COMMITTEE, HAVERI, DIST: HAVERI – 581 110. 3. COMMISSIONER, DEPARTMENT OF BACKWARD CASTES WELFARE AND APPELLATE AUTHORITY CASTE INCOME VERIFICATION, NO.16/D, DEVRAJ ARASU BHAVAN, 3RD FLOOR, NEAR MILLERS LAKE, VASANT NAGAR, BANGALORE - 560 052. 4. THE MANAGING DIRECTOR, NWKRTC, GOKUL ROAD, HUBBALLI – 580 023. 5. THE DEPOT MANAGER, NWKRTC, HAVERI, DIST: HAVERI – 581 110. 6. THE TAHASILDAR, RANEBENNUR, DIST: HAVERI – 581 110, …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R3 AND R6; SRI PRASHANT HOSAMANI, ADVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED 16-02-2018 BEARING NO. DBCM/SINDHUTWA/CR-14/2010-11 PASSED BY THE RESPONDENT 1 AND 2 PRODUCED AT ANNEXURE-D FILED AN APPEAL BEFORE THE 3RD RESPONDENT IN HI VA KA E/ MAASHA / CR-58/2018-19. THE APPELLATE AUTHORITY / RESPONDENT NO. 3 VIDE ORDER DATED 08-05-2019 DISMISSED THE APPEAL BY CONFIRMING THE ORDER OF RESPONDENT NO. 2 PRODUCED AT ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - NC: 2025:KHC-D:1134 WP No. 116190 of 2019 C/W WP No. 100571 of 2024 THESE WRIT PETITIONS, COMING ON FOR PRELIMINAR HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: In W.P.No.116190/2019: i) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction and quash the order bearing No.DBCM/SINDHUTWA/CR-19/2010-11 dated 19/7/2016 passed by the 2nd respondent produced at Annexure-E and the order bearing No. HIVAKAE/MASHA/CR – 58/2017-18 dated 26/5/2018 passed by the 3rd respondent produced at Annexure-U1 in the interest of justice and equity insofar petition concerned ii) Issue a writ i the nature of mandamus or any other appropriate writ, order or direction to respondents no.1 and 2 to issue caste validation certificate to the petitioner holding that she belong to category II-A, in the interest of justice and equity. iii) Issue a writ in nature mandamus, direction or any other appropriate writ to the respondent no.4 to 6 to - 5 - NC: 2025:KHC-D:1134 WP No. 116190 of 2019 C/W WP No. 100571 of 2024 make payment of full salary for the period from april 2010 to April 2013 in the interest of justice and equity. iv) Grant such other reliefs as deemed fit in the circumstances of the case in the interest of justice and equity. In W.P.No.10571/2024: i. Issue a writ in the nature of certiorari or any other appropriate writ, order or direction and quash the order dated 16-02-2018 bearing No. DBCM/SINDHUTWA/CR-14/2010-11 passed by the respondent 1 and 2 produced at Annexure-D filed an appeal before the 3rd respondent in HI VA KA E/ MAASHA / CR-58/2018-19. The appellate authority / respondent no. 3 vide order dated 08-05-2019 dismissed the appeal by confirming the order of respondent no. 2 produced at Annexure-F in the interest of justice and equity. ii) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to respondent no. 1 and 2 to issue caste validation certificate to the petitioner holding that he belong to category ii a, in the interest of justice and equity. iii) Grant such other reliefs as deemed fit in the circumstances of the case and in the interest of justice and equity. - 6 - NC: 2025:KHC-D:1134 WP No. 116190 of 2019 C/W WP No. 100571 of 2024 . 2. The learned counsel appearing for the petitioner submits that the issue in the lis stands covered on its fours to the judgment rendered by the Apex Court in the case of M.V.Chandrakanth Vs.Sangappa and Others reported in 2022 SCC OnLine SC 934. 3. The Apex Court while considering identical issue has held as follows: “9. On or about 7th October 2005, the Karnataka Public Service Commission (KPSC) published the provisional list of candidates selected for the Group A and Group B posts of Probationary Officers. After publication of the provisional list on 7 th October 2005, KPSC sent the caste certificate of the Respondent No.1 to the Respondent No.3 for verification. On 21st October 2005, the Respondent No.3 issued a certificate validating the caste certificate submitted by the Respondent No.1. 10. KPSC notified the final list of selected candidates on 29 th November 2005. The Appellant was selected for the post of Deputy Superintendent of Police and the Respondent No.1 was selected for the post of Assistant Commissioner (Junior Grade Scale). Both the Appellant and the Respondent No.1 were selected under the Reserved Category II-A of the Reservation Policy. The - 7 - NC: 2025:KHC-D:1134 WP No. 116190 of 2019 C/W WP No. 100571 of 2024 Respondent No.1 secured 1152 marks and was placed at Sl. No. 15 in the category of posts of Assistant Commissioner, whereas the Appellant secured 1151 marks and was placed at Sl. No.6 in the category of posts of Deputy Superintendent of Police. 11. The Appellant claims that in 2005, he came to know that the Respondent No.1’s father belonged to the ‘Lingayat’ caste whereas the Respondent No.1 had claimed the benefit of reservation under Category II-A of the Reservation Policy claiming that he belonged to the ‘Ganiga’ caste. The Appellant contends that the ‘Lingayat’ caste including the sub-castes thereof fall under Category III-B with 5% reservation whereas Hindu Ganiga falls under Category II-A with 15% reservation. 12. The Appellant filed an appeal under Section 4D of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990, hereinafter referred to as “SC/ST and OBC Reservation Act” before the Respondent No.2 challenging the Caste Validity Certificate issued to the Respondent No.1 by the Respondent No.3. In the said appeal, the Appellant enclosed the school extract of Government Higher Primary School, Honnihala, Bagalokote wherein the caste of the Respondent No.1’s father was recorded as ‘Hindu Lingayat’. 13. The Appellant alleges that Respondent No.3 issued the Validity Certificate dated 21st October 2005 in undue haste, with scant regard to the procedure laid down in Rule 7 of the Karnataka Scheduled Castes, Scheduled - 8 - NC: 2025:KHC-D:1134 WP No. 116190 of 2019 C/W WP No. 100571 of 2024 Tribes and Other Backward Classes (Reservation of Appointment, etc.) Rules 1992, hereinafter referred to as “Karnataka SC/ST and OBC Reservation Rules ”. 14. By an interim order dated 5th December 2005, the Respondent No.2 stayed the Validity Certificate issued to the Respondent No.1 until further orders. Thereafter, the Respondent No.2 called for the records from the Respondent No.1. Notices were also issued to the Head Masters of the concerned schools for production of original school admission registers pertaining to the Respondent No.1 and his father. 15. After hearing the parties and perusing the records, the Respondent No.2 passed an order dated 23 rd January 2006, concluding that the Respondent No.1 belonged to the ‘Hindu Lingayat’ caste as he would inherit the caste of his father. Relying on the school register of the Respondent No.1’s father of the year 1953, his High School records and the Service Register of DCC Bank where he (the Respondent No.1’s father) had worked as Supervisor, the Respondent No.2 cancelled the Validity Certificate. The Respondent No. 2 inferred that the entries in the school records of the Respondent No.1 had been made in the year 1982, with a view to obtain the benefit of reservation.” 4. The learned counsel would further submit that following the aforesaid judgment of the Apex Court, a Division Bench of this Court closed several proceedings in terms of its - 9 - NC: 2025:KHC-D:1134 WP No. 116190 of 2019 C/W WP No. 100571 of 2024 order dated 12.10.2023. The order passed in Writ Appeal No.100557/2023 reads as follows: “4. A perusal of the material on record will indicate that the complainants-writ petitioners belong to ‘Hindu Sadar’ community which comes under Category II-A. The request of the respective complainants-writ petitioners for issuance of caste validation certificates having been refused by the Appellant-State, the complainants-writ petitioners approached this Court in the instant petitions which were allowed by this court by vide impugned orders which are assailed in the writ appeals. 5. A perusal of the impugned order passed by the learned Single Judge will indicate that reliance is placed by the learned Single Judge on a judgment of the Hon’ble Apex Court in the case of M.V. Chandrakanth Vs. Sangappa & Others, Civil Appeal No.4963/2022, whereby the Hon’ble Apex Court had directed issuance of caste validation certificates in favour of similarly/identically situated persons. So also, in W.P. No.100175/2023, a learned Single Judge of this Court allowed the petition vide final order dated 25.01.2023 and directed issuance of caste validation certificate in favour of the said writ petitioners. The State preferred an appeal against the said order of the learned Single Judge and the same was affirmed by the Division Bench of this Court in W.A. No.100381/2023 dated 12.09.2023. Under these circumstances, having regard to the earlier judgments of this Court and the Apex Court referred to supra and other judgments of this Court, we are of the considered opinion that the learned Single Judge was - 10 - NC: 2025:KHC-D:1134 WP No. 116190 of 2019 C/W WP No. 100571 of 2024 justified in passing the impugned order allowing the writ petitions and consequently, we do not find any illegality or infirmity in the order passed by the learned Single Judge warranting interference by this Court in the present appeals. Accordingly, we do not find any merit in the appeals and the same are hereby dismissed. 6. Insofar as the contempt proceedings are concerned, the learned Additional Government Advocate submits that the caste validation certificates would be issued in favour of the respective complainants-writ petitioners and the same would also be intimated/informed/forwarded to the Appointing Authority within a period of five weeks from today. Submission is placed on record. 7. The appellants-State, who are also arrayed as accused in the contempt proceedings are hereby directed to issue the caste validation certificates and also forward/intimate the same to the Appointing authority and the complainant-writ petitioners within a period of five weeks so as to enable the complainants-writ petitioners to obtain appointment to the respective posts. 8. Under these circumstances, the contempt proceedings are also hereby closed reserving liberty in favour of the complainants-writ petitioners to seek reopening of the contempt proceedings and/or file fresh contempt proceedings, if the occasion so arises.” 5. The learned AGA Sri.Sharad A. Magdum would however seek to distinguish those orders passed by the Apex - 11 - NC: 2025:KHC-D:1134 WP No. 116190 of 2019 C/W WP No. 100571 of 2024 Court or that of the Division Bench on the score that the declaration of synonyms could not have been made. The submission is only to be rejected in the light of the fact that the Apex Court so considered and the Division Bench so followed the judgment of the Apex Court. 6. In that light, petition deserves to succeed. For the aforesaid reasons, the following: ORDER i. Petitions are allowed. ii. The impugned order in W.P.No.116190/2019 dated 19.07.2016 passed by the 2nd respondent produced at Annexure-E and the order dated 26.05.2018 passed by the 3rd respondent produced at Annexure-U1 and the impugned order in W.P.No.100571/2024 dated 16.02.2018 passed by the respondent Nos.1 and 2 produced at Annexure-D, stand quashed. iii. The petitioner becomes entitled for all consequential benefit that arose from the quashment of the order. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 142