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WP NO.31623/2008
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 04TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.31623 OF 2008
BETWEEN:
SUVARNA SURESH BANDEKAR @ SUNITA BABANI IDOORKAR, R/AT. STATE BANK OF MYSORE, YELLAPUR BRANCH, YELLAPUR, UTTAR KANNADA-581301. ...PETITIONER (BY SRI. V.P.KULKARNI, ADVOCATE)
AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPT. OF SOCIAL WELFARE, M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE TAHASILDAR HUBLI DIVISION, HUBLI.
3. CASTE VERIFICATION COMMITTEE DHARWAD DISTRICT, DHARWAD.
4. STATE BANK OF MYSORE REGIONAL OFFICE, BY ITS ASSISTANT GENERAL MANAGER, (DISCIPLINARY AUTHORITY), B.H.ROAD, SHIMOGA, SHIMOGA-577201.
…RESPONDENTS (BY SRI. C.JAGADISH, SPL. COUNSEL FOR R1 TO R3;
SRI HARSH DESAI, ADVOCATE FOR R4)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE CASTE VERIFICATION COMMITTEE DHARWAD DATED 06.12.2008 IN NO.f¸ÀPÀ:J¸ï3:eÁ¥À:¹Dgï2/2005-06 DHARWAD, VIDE ANNEXURE-V IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 27.03.2024, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
CAV ORDER
The captioned petition is filed assailing the impugned
order passed by the Caste Verification Committee, Dharwad dated 06.12.2008 as per Annexure-V and order of the Tahsildar dated 07.02.2005 as per Annexure-G.
2.
Facts leading to the case are as under: The petitioner asserts that she belongs to Bandi caste and that she applied for issuing caste certificate. The Tahasildar on enquiry issued a schedule caste certificate holding that petitioner is belongs to ‘Hindu-Bandi’ caste, which is evidenced at Annexure-B. The jurisdictional Tahasildar had issued the caste certificate on 15.10.1977.
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3. The petitioner was appointed in the State Bank of Mysore as Typist Cum Clerk on 31.12.1978 and in order to avail promotional benefits, she had obtained a schedule caste certificate from the jurisdictional Tahasildar. The Assistant Director of National Commission for Schedule Caste and Schedule Tribe sent a communication to the Caste Verification Committee, Dharwad to verify the caste status of the petitioner. The petitioner furnished all the necessary documents by approaching the Caste Verification Committee on 12.09.2003. The Social Welfare Officer however issued a letter and thereby, sought report for status of petitioner’s caste. In response to this letter, the jurisdictional Tahasildar, Hubballi responding to the information sought by the Caste Verification Committee informing that he has cancelled the schedule caste certificate on 24.06.2003. The Additional Director General of Police, Civil Rights Enforcement Directorate, Bengaluru also issued a letter stating that the petitioner belongs to Baandhi caste and that she has obtained schedule caste certificate by misguiding the authority that she belongs to
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Bandi community. The Caste Verification Committee taking cognizance of this communications has came to a conclusion that the petitioner herein does not belonged to Bandi community.
4. Respondent No.4/Bank acting on this endorsement without holding any disciplinary enquiry has dismissed the petitioner from service, post of the order of the Caste Verification Committee vide order dated
24.04.2006. The petitioner assailing the order of the Caste Verification Committee, approached the Court by filing WP No.6897/2006. This Court allowed the said writ petition and matter was remitted back to respondent No.3/Committee. Post remand, respondent No.3 has passed an order dated 06.12.2008 stating that the petitioner does not belonged to Baandhi caste. The said
order is under challenge.
5. Heard the
learned counsel appearing for petitioner and learned Additional Government Advocate appearing for the respondents-State. - 5 -
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6. The petitioner was issued with caste certificate that she belongs to schedule caste, which is dated 15.10.1977 evidenced at Annexure-B. This Court having examined the Bombay Gazette evidenced at Annexure-D has noticed that according the said Gazettee, there were around 4500 of whom 2000 are males and 2500 females, are found in small numbers in Karwar and Kumta and along the coast as far as Honnavar. This Court deems it fit to cull out the relevant portion of said Gazettee, which reads as under;
“Bandis or BONDSMEN, numbering about 4500 of whom 2000 are males and 2500 females, are found in small numbers in Karwar and Kumta and along the coast as far as Honavar. They are the descendants of the bondsmen whom the landed proprietors formerly owned. Their ancestors were probably prisoners of war, imported slaves and perhaps women taken in adultery. They are said to have come with the Konkani-speaking Brahmans from Goa after the Poruguese occupation of the country. The names in common use amount men are, Pursu, Kamu, Nagu, Chiku, Narayan, and Kushta; and among women, Shevantu, Putli, Krishni, Kasi, Venu, and Thakai. They have no surnames or household gods but members of the same family do not intermarry. The Bandis of different parts of the coast do not intermarry or eat together. They are short and muscular, some of them fair and some of them dark, and most with well-cut features. All speak Konkani. They live in huts with mud walls and thatched roofs. Their every-day food is rice, but they eat fowls, mutton, and game, and
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drink liquor. They are immoderate eaters and bad cooks. The men generally wear a loincloth, a coarse blanket, and a headscarf; and the women the robe with the skirt passed between the feet and a bodice with short sleeves and a back. They mark their brow with red and wear the lucky necklace, nose and ear rings, and glass bangles. They are hardworking, but careless, vicious, thriftless, hot-tempered, and dishonest. Both men and women are employed as domestic servants by Brahmans and other high class Hindus.
Their chief work is to clean copper pots and pound rice, cowdung the floor, and bring headloads of fire-wood, but some men work as carpenters and a few as husbandmen, Their earnings as prostitutes which are insignificant are spent in buying flowers, clothes, and sweetmeats. They are almost destitute. They rank with the Adbatkis next abova the impure classes. Their daily life does not differ from that of the Adbatkis. A family of five spends about 14s. (Rs.7) a month. They worship all Brahman gods and evil spirits, employ Jolshis to perform their ceremonies, and stand in great fear of the spirits of the dead. Their spiritual Teacher is the head of the Smart monastery at Shringeri. Few of them marry, most of the girls becoming prostitutes. The married women are allowed to consort with whom they please, except with men of the impure castes. Their ceremonies are the same as those of the Devlis. Social disputes are settled by caste councils under the presidency of an hereditary headman. They do not send their boys to school, and show no signs of improving their position.”
7. Considering the social economic condition of Bandi’s, the Union of India included Bandi caste in schedule caste by presidential notification dated
03.09.1977. On examining the Gazette evidenced at Annexure-D, which is culled out supra, existence of Bandis
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or BONDSMEN numbering about 4500. This Gazette is of the year 1883 and this community, are found in small numbers in Karwar and Kumta and along the coast as far as Honavar. The Gazettee also indicates that they are the descendants of the bondsmen whom the landed proprietors formerly owned. Their ancestors were probably prisoners of war, imported slaves and perhaps women taken in adultery. This Gazette notification at undisputed point of time does not refer to the existence of Baandhi’s community. 8.
It is noticed that the jurisdictional Tahasildar acting on the letter issued by Superintendent of Police, DCRE, Belagavi dated 07.01.2005, wherein, he has indicated that schedule caste certificate issued to petitioner herein is not correct and has passed an order thereby indicating that the caste certificate issued to petitioner dated 24.06.2003 stands cancelled. Further, the petitioner was directed to return the original caste certificate obtained from the office of the Tahasildar. After
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cancellation of schedule caste certificate, the matter was then referred to Caste Verification Committee. 9. The records also revealed that the Director of Social Welfare Department had issued a circular dated 21.09.1978 indicating that the persons belongs to Baandhi community had obtained a schedule caste certificate. We deem It relevant to extract the circular dated 21.09.1978, the same is extracted which reads as under:
“Bandi" Community has been included in the list of Sch. Castes as per Sch.Caste/Sch.Tribes
Order (Amendment) Act 1976 (108 of 1976) in the Karnataka State.
2. It has been brought to the notice of the undersigned that come persons who actually belongs to "Bandhi (§Ar) Community have obtained caste certificates as “Bandi” (§Ar) Community by producing the affidavit.
3. Consequently those who actually belong to
"Bandi" Community will be deprived of benefit provided to them which are classified as Sch. Castes.
4. Usually the words (§Ar) and (¨ÁA¢) according to English usage donote “Bandi” and “Bandhi” respectively.
5. In view of above situation, the authorities competent to issue Caste certificate too are requested not to issue Caste certificate to these actually belonging to
"Bandhi" (¨ÁA¢) Community which is not classified as Sch.Castes/Sch.Tribes.
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10. The circular dated 21.09.1978 was however withdrawn pursuant to the directions issued by this Court in WP No.5406/1980 evidenced at Annexure-L. The same is extracted, which reads as under:
“A perusal of the above circular makes it clear that the earlier circular and instructions issued on 21-09-1978 which is adverted to in Annexure-A has been withdrawn and there is a further direction to all the authorities competent to issue caste certificates that they should proceed in that behalf on the basis of the Schedule to the notification No.BC 12016/31- 76/SCT V dated 27-07-1977. In the light of this circular the Deputy Commissioner will have to withdraw the circular at Annexure-'A' and in the circumstances, he is directed to reconsider the entire thing and pass appropriate orders and if he finds if Necessary. In the event hear the petitioner for that matter. No costs. Writ Petition disposed off. The Deputy Commissioner will decide the matter afresh within 3 months from the date of receipt of this order. Send a copy of this
order to the Commissioner forthwith.”
11. On examination of the records more particularly the order which is impugned before this Court, there is no proper enquiry conducted by respondent No.3/committee whether there exists two distinct communities named as Bandi community and Baandhi community, no records and Gazette notifications are cited by respondent No.3/committee while passing the
order, which is
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impugned before this Court. Respondent No.3/committee also does not refer to the very existence of Baandhi caste under OBC category, which is also not reflected in the impugned order. The action which contemplated against the petitioner and similarly placed persons from Baandhi caste is probably on the basis of circular dated 21.09.1978 and it is now withdrawn pursuant to the directions issued by this Court in WP No.5406/1980. 12. The authorities, in an inexplicable and unjustified manner, have relied upon Annexure-J, which is a circular issued by the Office of the District Social Welfare Officer, Government of Karnataka. By invoking the contents of this circular, the authorities have drawn a distinction between the "Bandi" community, which is included in the list of Scheduled Castes, and the "Baandhi" community. According to their interpretation, individuals belonging to the Baandhi community are not eligible to be issued with a Scheduled Caste certificate, despite the close phonetic and sociological proximity between the two communities. This interpretation lacks clarity, consistency,
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and legal justification, especially considering the proof of existence of Baandhi community at Karwar as asserted by Authorities. 13. It is pertinent to point out that the circular dated 21.09.1978, which formed the basis for such discriminatory interpretation, was subsequently withdrawn pursuant to the directions issued by this Hon’ble Court in W.P. No.5406/1980. Although the impugned order passed by Respondent No.3 does not explicitly state that the petitioner’s application for a caste certificate has been rejected on the basis of the now withdrawn circular dated 21.09.1978, the reasoning in the order unmistakably reflects the continued reliance on the withdrawn circular. The respondent has concluded that the petitioner belongs to the 2A – Baandhi community, and not the Bandi community, which is a notified Scheduled Caste under the Constitution (Scheduled Castes) Order. 14. This Court deems it fit to cull out the relevant portion of the order passed by respondent No.3, which
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demonstrates that there is absolutely no enquiry and no material is placed to discard the petitioner’s caste, which reads as under:
“CzÀgÀAvÉ ¢£ÁAPÀ: 8-7-2008 gÀAzÀÄ dgÀÄVzÀ f¯Áè eÁw ¥Àj²Ã®£Á ¸À«ÄÃw ¸À¨sÉAiÀİè GZÀÑ £ÁåAiÀiÁ®AiÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ EªÀgÀ jmï ¦nµÀ£ï ¸ÀA.1696:2007 (fJA:¹¹) ¢£ÁAPÀ: 11-1-2008 gÀ ªÀÄzÀåAvÀgÀ DzÉñÀzÀ°è ¸ÀÆa¹zÀgÉ ²æÃªÀÄw.
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9-9-2004 gÀ ¥ÀvÀæzÀ°è ªÁ¢AiÀÄÄ ¥ÀæwªÁ¢¸À®Ä ªÀQîgÀ ¸ÀºÁAiÀÄ ¥ÀqÉAiÀÄĪÀÅzÀ£ÀÄß wgÀ¸ÀÌj¸À¯Á¬ÄvÀÄ. ªÀÄÄAzÀĪÀgÉzÀÄ ¢£ÁAPÀ: 2-12-2008 gÀAzÀÄ dgÀÄVzÀ f¯Áè eÁw ¥Àj²Ã®£Á ¸À«ÄÃwAiÀÄ ¸À¨sÉAiÀÄ°è ²æÃªÀÄw ¸ÀĪÀuÁð ¸ÀÄgÉñÀ ¨ÁAzÉÃPÀgÀ EªÀgÀ ¥ÀæPÀgÀtªÀ£ÀÄß ¸ÀÄ¢ÃWÀðªÁV ZÀað¹ EªÀgÀÄ ¥ÀæªÀUÀð-2 J “¨ÁA¢” eÁwUÉ ¸ÉÃjzÀªÀgÁVzÀÄÝ ¸ÀļÀÄî ªÀiÁ»w ¸Àȶֹ ¥Àj²µÀ× eÁwAvÀÄ ¥ÀæªÀiÁt ¥ÀvÀæ ¥ÀqÉ¢gÀĪÀÅzÁV ¸À«ÄÃw MªÀÄävÀ¢AzÀ wêÀiÁð£ÀPÉÌ §A¢zÀÄÝ CzÀgÀAvÉ F PɼÀV£ÀAvÉ DzÉñÀ. £ÀA.f¸ÀPÀ:J¸ï3:eÁ¥À:¹Dgï 2:2005-06 zsÁgÀªÁqÀ, ¢£ÁAPÀ:6-12-2008 DzÉñÀ ¥Àæ¸ÁÛªÀ£ÉAiÀÄ°è «ªÀj¸À¯ÁzÀ CA±ÀUÀ¼À£ÀÄß ¥ÀÅ£ÀgÁªÀ¯ÉÆÃQ¹ ²æÃªÀÄw ¸ÀĪÀuÁð ¸ÀÄgÉñÀ ¨ÁAzÉÃPÀgÀ, ¥Áèl £ÀA. 157, CgÀÄt PÁ®¤, ªÀÄAdÄ£ÁxÀ £ÀUÀgÀ, UÉÆÃPÀÄ®gÉÆÃqÀ, ºÀħâ½î EªÀgÀ ¥Àæ¸ÁÛªÀ£ÉAiÀÄ£ÀÄß GZÀÑ £ÁåAiÀiÁ®AiÀÄzÀ ªÀÄzsÀåAvÀgÀ CzÉñÀzÀAvÉ ¥ÀæwªÁ¢UÉ ¥Àæw¥Á¢¸À®Ä CªÀPÁ±À PÉÆlÄÖ ºÉƸÀzÁV «ZÁgÀuÉ ªÀiÁqÀ¯ÁV ¸ÀzÀjAiÀĪÀgÀÄ vÁªÀÅ “¨ÁA¢” eÁwUÉ ¸ÉÃjzÀªÀgÉAzÀÄ w½¹zÀgÀÄ. “¨ÁA¢” eÁwAiÀÄÄ ¥Àj²µÀ× eÁwAiÀÄ AiÀiÁ®zÀ°è E®è¢gÀĪÀÅzÀjAzÀ CªÀgÀ eÁw ¥ÀæªÀiÁt ¥ÀvÀæªÀÅ C¹AzsÀÄ JAzÀÄ wêÀiÁ𤹠DzÉò¸À¯ÁVzÉ.”
15. On going through the order impugned which is passed by respondent No.3/Committee, this Court is of the
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view that existence of Baandhi community is not substantiated by the authorities. To verify if a person belongs to schedule caste, the jurisdictional Tahasildar must ensure that the person and their parents are belongs to specified community as specified in Gazette notification. The Bombay Gazette evidenced at Annexure-D clearly demonstrates the existence of Bandi’s. The petitioner asserts to be resident of Karwar. The petitioner was issued with a schedule caste certificate way back 1977. The impugned order passed by respondent No.3/committee does not refer to Publication issued by the Karnataka State Commission for Schedule Caste and Schedule Tribe satisfying the Bandi as schedule caste for the State of Karnataka. The Caste Verification Committee adverted to the petitioner’s permanent resident namely Karwar where the schedule caste community is listed in the Gazette Notification as well as the Karnataka State Publication. The Caste Verification Committee has not adverted and refer to the constitution, SC order 1950, which is recommends Bandi as schedule caste.
The order under challenge does
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not affirmably comes to the conclusion that there are two set of communities found within the Karwar region namely Bandi and Baandhi. There is no material to show that the petitioner belongs to Baandhi community. The very existence of Baandhi community is also found doubtful. It is only circular issued by Department of Social Welfare while withdrawal of earlier circular dated 21.09.1978 that there is a reference to Baandhi community. This issue has been lingering since 2003. The order which is impugned is clearly found to be cryptic and there is no respite for petitioner for almost 24 years. This issue has been dealt by the Coordinate Bench of this Court. The similarly placed persons was found to be residents of Karwar and the retired Assistant Commissioner had filed a writ petition and the issue was as to whether the Bandi community belonging to the category of schedule caste in the State of Karnataka. 16. The notification which is evidenced at Annexure-D clearly reveals that the Union of India acting under subsection (2) of Section 1 Schedule Caste and
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Schedule Tribes Order (Amendment) Act, 1976 has already notified Bandi community are schedule caste. This notification does not speak about the Baandhi community being prudentially Karwar and Honnavar regions. Therefore, the clarification issued by the Department of Social Welfare at Annexure-H, which is cull out supra clearly runs contrary to the notification issued by Union of India which is precedence over the circular issued by the State of Karnataka. 17. The petitioner, on the strength of a validly issued Scheduled Caste certificate, secured employment with the State Bank of India in the year 1978. For over four decades, her caste status remained unquestioned and was consistently accepted by both the employer and the competent authorities.
It is only now at the fag end of her career that a cryptic and perfunctory order has been passed by the respondent authorities, purporting to withdraw the caste certificate on the unverified assumption that the petitioner belongs to the Baandhi community. This conclusion, however, is drawn in the
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absence of any substantiated record or conclusive material demonstrating the existence of the Baandhi community as a distinct caste, particularly in the region where the petitioner hails from. 18. The attempt to now initiate or sustain a caste- based enquiry, based on unsubstantiated and inconclusive records, is not only belated but fraught with grave legal and personal consequences. Such a retrospective determination devoid of procedural safeguards and evidentiary support has the potential to cause irreparable harm, not merely to the petitioner but also to her entire family. The implications include loss of employment, disqualification from retirement benefits, reputational damage, and social exclusion, all of which are not mere collateral effects but direct constitutional injuries. 19. The Hon’ble Supreme Court, in the case of State of Maharashtra v. Milind and Others, reported in (2001) 1 SCC 4, categorically held that once a community is included in the Presidential Order under
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Article 341 of the Constitution, the same cannot be altered or questioned by any authority or administrative circular. The Court stated:
"The caste status of a person is not open to challenge by administrative authorities or tribunals once it is recognized in accordance with law, and such recognition cannot be withdrawn on mere suspicion or assumptions."
20. Further, in the case of Bank of India v. Avinash D. Mandivikar, reported in (2005) 7 SCC 690, the Hon’ble Supreme Court cautioned against the withdrawal of caste certificates of employees who have served for long periods without blemish, and emphasized that in such cases, the doctrine of legitimate expectation and principles of equity and fairness would apply.
The Hon’ble Court observed as under:
"Where an employee has served for decades based on a caste certificate issued by a competent authority, cancellation of such certificate without due process and at a belated stage amounts to a serious infraction of justice. Courts must ensure that equity is not defeated by administrative caprice."
21. The Hon’ble Supreme Court also addressed similar concerns in Union of India v. Dattatray S/O
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Namdeo Mendhekar, reported in (2008) 4 SCC 612, wherein it held:
"Withdrawal of a caste certificate after a long lapse of time, particularly when the person has benefited from such status in public employment and is nearing retirement, should be done only in the rarest of rare cases, and only after following the strictest procedural safeguards."
22. Applying these principles to the present case, it is clear that the action of the respondent authorities in withdrawing the petitioner’s Scheduled Caste certificate after nearly 30 years of reliance and service without a comprehensive enquiry and without cogent evidence, is wholly arbitrary, violative of natural justice, and unsustainable in law. Any such action, especially when taken against a person nearing superannuation, deserves to be viewed with strict judicial scrutiny and disapproval. 23. The cascading effect of this order could result in termination of employment, recovery of emoluments, denial of pensionary benefits, and disruption of the livelihood of an entire family. Such consequences, when based on unverified assumptions and unsupported
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findings, would amount to a gross miscarriage of justice. This Court, therefore, cannot countenance such an order, which is devoid of legal foundation and contrary to binding constitutional principles and judicial precedents. 24. The impugned order passed by respondent No.3/Committee is primarily based on circular dated 21.09.1978 and contrary to the presidential notification dated 03.09.1977 issued by Union Of India the circular dated 21.09.1978 was however withdrawn pursuant to
judgment rendered by Co-ordinate bench of this Court in WP No.5406/1980 which is evidenced at Annexure-H. Therefore the impugned order at Annexure-V and G is not sustainable.
25. In the light of notification, it is noted by the coordinate Bench of this Court which is culled out supra, the order impugned is not sustainable. For the 25 years, the Caste Verification Committee and jurisdictional Tahasildar are not comply to substantiate that the petitioner belongs to Baandhi community instead of Bandi
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community, which is notifies as schedule caste. Therefore, there is no bound in remitting the matter for fresh enquiry, there is no counter to the order passed by the coordinate bench of this Court in WP No.5406/1980 wherein a direction was issued to issue caste certificate post of circular issued by Union of India. For the foregoing reasons, this Court proceed to pass the following:
ORDER i) Writ petition is allowed. ii) The impugned order passed by respondent No.3-Committee dated 06.12.2008 is hereby quashed. Consequently, the order passed by Tahasildar dated 07.02.2005 is also quashed. Consequently, the order passed by the Commissioner of Social Welfare Department, dated 09.09.2004 is hereby quashed. iii) The petitioner is reserved with liberty to approach jurisdictional Tahasildar for issuance of schedule caste certificate in terms of the Gazette notification. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE AM/-. Ct:vh