- 1 - HC-KAR NC: 2025:KHC:44719 WP No. 55289 of 2016 C/W WP No. 44107 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 55289 OF 2016 (GM-CC) C/W WRIT PETITION NO. 44107 OF 2015 (GM-POLICE) IN WP No. 55289/2016 BETWEEN: KUM. NANDITHA R D/O. RACHAIAH, AGED ABOUT 29 YEARS, R/AT DOOR NO. 16/16, 6TH CROSS,, SHAKTINAGAR, MYSORE - 570 019. &PETITIONER (BY SRI. RAVI H.K., ADVOCATE) AND: 1. THE SUPERINTENDENT OF POLICE, AT THE OFFICE OF THE SUPERINTENDENT OF POLICE, DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, NO. 42/A, VINAYAMARGA, SIDDHARTHANAGARA, MYSORE - 570 011. 2. POLICE INSPECTOR DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, MYSORE - 570 011. 3. RAVISHANKARA C.V AGE NOT KNOWN, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44719 WP No. 55289 of 2016 C/W WP No. 44107 of 2015 FATHER NAME IS NOT KNOWN, STATE PRESIDENT, KARUNADU SARVODAYA SENE(R), NO. 282, 5TH MAIN ROAD, 8TH CROSS, JAYANAGAR, MYSURU - 570 019. 4. THE INSTITUTE OF BANKING PERSONNEL SELECTION (IBPS), 90 FEET ROAD, TAHKUR COMPLEX OFF WESTREN EXPRESS HIGHWAY, KANDIVALI (E), MUMBAI - 400 101. &RESPONDENTS (BY SRI. C. JAGADEESH, ADVOCATE FOR R1 AND R2; R3 - SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENQUIRY PROCEEDINGS INITIATED BY THE R-1 & R2 AGAINST THE PETITIONER AS PER THE NOTICE DATED 20.10.2016 VIDE ANNEXURE-F ON THE BASIS OF THE COMPLAINT OF THE R-3 BY ISSUING A WRIT OF CERTIORARI AND ETC. IN WP NO. 44107/2015 BETWEEN: RACHAIAH S/O HUCCHAMADEGOWDA, AGED ABOUT 59 YEARS, R/AT DOOR NO. 16/16, 6TH CROSS, SHAKTINAGAR, MYSORE - 570 019. ...PETITIONER (BY SRI. RAVI H K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE SUPERINTENDENT OF POLICE, AT THE OFFICE OF THE SUPERINTENDENT OF POLICE, - 3 - HC-KAR NC: 2025:KHC:44719 WP No. 55289 of 2016 C/W WP No. 44107 of 2015 DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, NO. 42/A, VINAYAMARGA, SIDDHARTHANAGARA, MYSORE - 570 011. 2. POLICE INSPECTOR, DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, MYSORE - 570 011. 3. MAHADEVASWAMY, AGE: NOT KNOWN, FATHER NAME IS NOT KNOWN, R/AT DUGGANAHALLI, MALAVALLI, MANDYA DISTRICT - 571 430. 4. THE DIRECTOR, PRE UNIVERSITY EDUCATION BOARD, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 003. ...RESPONDENTS (BY SRI. C. JAGADISH, ADVOCATE FOR R1 AND R2; R3 - SERVICE OF NOTICE DISPENSED WITH VIDE ORDER DATED 28.07.2025) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENQUIRY PROCEEDINGS INITIATED BY THE R-1 AGAINST THE PETITIONER VIDE ANNEXURE-D ON THE BASIS OF THE CMPLAINT OF THE R-3 BY ISSUING A WRIT OF CERTIORARI AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:44719 WP No. 55289 of 2016 C/W WP No. 44107 of 2015 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In W.P.No.55289/2016 petitioner is assailing the Enquiry proceedings initiated by respondent Nos.1 and 2 against the petitioner as per the Notice dated 20.10.2016 (Annexure-F) on the basis of the complaint addressed by respondent No.3. 2. In W.P.No.44107/2015 petitioner is assailing the Enquiry proceedings initiated by respondent No.1 against the petitioner as per the Notice dated 06.07.2015 (Annexure-D) on the basis of the complaint addressed by respondent No.3. 3. Heard Sri.Ravi H.K., learned counsel appearing for the petitioners and Sri.C.Jagadish, learned counsel appearing for the respondent Nos.1 and 2. 4. Sri.Ravi H.K., learned counsel appearing for the petitioners contended that respondent authorities have no jurisdiction to initiate the Enquiry proceedings on the - 5 - HC-KAR NC: 2025:KHC:44719 WP No. 55289 of 2016 C/W WP No. 44107 of 2015 ground that, respondent No.3-complainant is not an aggrieved person to challenge the Caste Certificate issued in favour of the petitioners and in this regard he places reliance on the judgment of the Division Bench of this Court in W.A.No.1242/2019 disposed of on 03.06.2021. Accordingly, he sought for quashing of the impugned Notices issued by the respondent-authorities. 5. Per contra, Sri.C.Jagadish, learned counsel appearing for the respondents sought to justify the action of the respondents. 6. Having taken note of the submissions made by the learned counsel appearing for the parties, the jurisdictional Tahsildar issued the Caste Certificate to the petitioners, identifying the petitioners as belonging to "Jenu Kuruba" caste. It is also not in dispute that based on the complaint lodged by respondent No.3, enquiry has been initiated against the petitioners as per the impugned Notices. Perusal of the impugned Notices would indicate that respondent-authorities have not notified under which - 6 - HC-KAR NC: 2025:KHC:44719 WP No. 55289 of 2016 C/W WP No. 44107 of 2015 jurisdiction, power being exercised hereunder, where the impugned Notices have been issued to the petitioners. It is also to be noted that Division Bench of this Court in the case of R.S.Mahadev vs. B.R.Gopamma and others at paragraph No.24 which reads as follows:- "24. That apart, Section 4-B of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Act, 1990, reads as under: <4-B. Appeal against order under Section 4-A.4 (1) Any person aggrieved by an order of the Tahsildar under Section 4-A may, within thirty days from the date of receipt of the order, prefer an appeal to Assistant Commissioner of the Revenue sub- division. (2) The Assistant Commissioner of the Revenue sub-division may after giving both parties an opportunity of being heard pass orders allowing or dismissing the appeal and in appropriate cases directing issue of a caste certificate, or as the case may be, an income and caste certificate to the applicant.= On a reading of the same it is evident that the only a person aggrieved by an order of the Tahsildar under Section 4-A with regard to issuance of caste certificate and income certificate, can file a appeal to the Assistant Commissioner of the Revenue sub- division and not otherwise." - 7 - HC-KAR NC: 2025:KHC:44719 WP No. 55289 of 2016 C/W WP No. 44107 of 2015 7. Taking into consideration of the fact that respondent-authorities have no jurisdiction to issue the impugned Notices and further respondent No.3 is not an aggrieved person with regard to issuance of Caste Certificate in favour of the petitioners, I find force in the submission made by the learned counsel appearing for the petitioners. 8. Accordingly, Writ Petitions are allowed. 9. Impugned Notices at Annexure-F dated 20.10.2016 in W.P.No.55289/2016 and at Annexure-D dated 06.07.2015 in W.P.No.44107/2015 are hereby quashed. SD/- (E.S.INDIRESH) JUDGE GPG List No.: 1 Sl No.: 24