- 1 - HC-KAR CNR: KAHC010338312022 NC: 2026:KHC:36465 WP No. 15138 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 15138 OF 2022 (GM-CC) BETWEEN: SRI. KUMARASWAMY R., S/O LATE SRI. RAMACHANDRA M, AGED 56 YEARS, RESIDENT OF WARD NO.2, NEAR MAIN ROAD, NARASIMHARAJPURA TOWN, NARASIMHARAJAPURA TALUK, CHIKKAMANGALURU DISTRICT - 577 134. …PETITIONER (BY SRI. DINESH GOANKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF SOCIAL WELFARE, KARNATAKA GOVERNMENT SECRETARIAT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY THE PRINCIPAL SECRETARY. 2. THE DISTRICT CASTE VERIFICATION COMMITTEE, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010338312022 NC: 2026:KHC:36465 WP No. 15138 of 2022 CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU - 577 101. REPRESENTED BY ITS MEMBER SECRETARY. 3. DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT CELL, TANTRIKA SHIKSHANA BHAVAN, PALACE ROAD, BENGALURU - 560 001. REPRESENTED BY THE ADDITIONAL DIRECTORATE GENERAL OF POLICE. 4. SUPERINTENDENT OF POLICE, CIVIL RIGHTS ENFORCEMENT CELL, MANGALURU REGION III FLOOR, MDA BUILDING, URVA STORE, MANGALURU - 575 006. 5. THE TAHSILDHAR, NARASIMHARAJAPURA TALUK, CHIKKAMAGALURU DISTRICT - 577 134. 6. SRI. K. SRINATH, S/O SRI. KARIAPPA, AGE MAJOR, R/O WARD NO.4, MEDHARA STREET, NARASIMHARAJAPURA TOWN, CHIKKAMAGALURU DISTRICT - 577 134. …RESPONDENTS (BY SRI.SRINIVAS KUMAR, HCGP FOR R1, R3 TO R5; SRI.C.JAGADISH, PANEL COUNSEL FOR R2; SRI.B.H.SHAMANNA, ADVOCATE FOR R6) - 3 - HC-KAR CNR: KAHC010338312022 NC: 2026:KHC:36465 WP No. 15138 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR DECLARE THAT THE IMPUGNED CIRCULAR BEARING NO.SWD 105 SAD 2013 DATED 08.04.2013 ANNEXURE-C ISSUED BY THE R1 IS CONTRARY TO AN IN VIOLATION OF THE PROVISIONS OF ADJUDICATION, REMEDIES AND PROCEDURE PROVIDED U/S 4A, 4B, 4C OF THE KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENTS, ETC) ACT, 1990 AND THE KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES, (RESERVATION OF APPOINTMENTS ETC) RULES, 1992 TO AN AGGRIEVED PERSON CHALLENGING THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR/R5 AND HENCE ILLEGAL, ARBITRARY, WITHOUT THE AUTHORITY OF LAW AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this court being aggrieved by order dated 18.07.2022 passed by the 2nd Respondent-District Caste Verification Committee, by which at the instance of 6th Respondent herein, the 2nd Respondent-Caste Verification Committee has initiated proceedings with regard to the validity or otherwise of the caste certificate purportedly issued by the Tahsildar in favour of the petitioner. - 4 - HC-KAR CNR: KAHC010338312022 NC: 2026:KHC:36465 WP No. 15138 of 2022 2. Counsel for the petitioner submits that the very initiation of proceedings by 2nd Respondent-Caste Verification Committee is one without authority and jurisdiction. He relies upon the judgment of a Co-ordinate Bench of this court in the case of NARAYAN V SHIROOR v. THE TAHSILDAR, BHATKAL TALUK AND ANOTHER reported in ILR 2017 KAR 1561. He submits that the proceedings, if any, questioning the issuance of the caste certificate, has to be in the manner known to law and the Respondent No.6 even if considered by aggrieved party cannot approach the caste verification committee as sought to be done in this instant case. Thus on the question of jurisdiction and the authority, he submits the Caste Verification Committee cannot proceed with the proceedings. 3. Learned counsel for Respondent No.6, on the other hand submits that the issuance of the caste certificate is based on the wrong information furnished by the petitioner. Taking undue advantage of certificate which was issued, petitioner had indeed contested the election and is likely to utilize the same certificate even in future elections. Therefore Respondent No.3 - 5 - HC-KAR CNR: KAHC010338312022 NC: 2026:KHC:36465 WP No. 15138 of 2022 is aggrieved party and he has rightly invoked the jurisdiction of District Caste Verification Committee provided under Section 4C. Hence he seeks for dismissal of the petition. 4. Heard. Perused the records. 5. There is no dispute in the fact that the petitioner has been issued the caste certificate as per Annexure-F, certifying him to be belonging to Nayaka Tribe. The said certificate has been issued by the Tahsildar in exercise of his power under Section 4A of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990. Section 4B of the Act provides for an appeal against an order of issuance of the certificate by the Tahsildar under Section 4A. The said provision provides any person aggrieved by the order of the Tahsildar under Section 4A may within 30 days prefer an appeal before the Assistant Commissioner of the Revenue Division. As against the order passed by the Tahsildar under Section 4A or by the Assistant Commissioner under Section 4B in an appeal, it is only under Section 4F, a revision by the concerned Deputy Commissioner is provided under the Act. Such revision of power can be - 6 - HC-KAR CNR: KAHC010338312022 NC: 2026:KHC:36465 WP No. 15138 of 2022 executed by the Divisional Commissioner either on an application made to him in a prescribed format or within the prescribed period or on his own motion. Role of Caste Verification Committee would come in only where any person who has obtained the caste certificate or an income and caste certificate under 4A and 4B or the appointing authority or any other authority making admission to the course of the study in university or any educational institution may make an application to the Caste Verification Committee. In the instant case, Respondent No.6 seems to have approached the Caste Verification Committee, complaining very issuance of the Caste Certificate by the Tahsildar under Section 4A which is not provided under the Act. All that he could have done was to invoke the Provisions under Section 4B before the concerned Assistant Commissioner, which is not the case. The proceeding initiated at the instance of 6th Respondent by the Caste Verification Committee under Section 4C, as rightly pointed out by the counsel for the petitioner cannot be allowed to continue. 6. Accordingly petition is allowed. Proceedings are quashed. Nonetheless, the concerned Deputy Commissioner is - 7 - HC-KAR CNR: KAHC010338312022 NC: 2026:KHC:36465 WP No. 15138 of 2022 at liberty to initiate the proceedings in exercise of his power under Section 4F. Sd/- (M.G.S. KAMAL) JUDGE SNB List No.: 1 Sl No.: 21