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2026 DAILYLAW 32895 (KAR)

PUSPALATHA M v. DEPUTY COMMISSIONER

WP/25901/2026 · 2026-08-19

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010571452026 NC: 2026:KHC:44631 WP No. 25901 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25901 OF 2026 (GM-CC) BETWEEN: 1. PUSPALATHA M D/O. MAHADEVAPPA B.M AGED ABOUT 37 YEARS, R/AT 4, 1ST FLOOR, OFFICERS BLOCK, POLICE QUARTERS, CT BED ROAD, BEHIND BANASHANKARI 2ND STAGE BENGALURU-560070. 2. ANAND KOKKANAVAR S/O YALLAPPA KOKKANAVAR AGED ABOUT 37 YEARS, R/AT. 49, 1ST FLOOR, 1ST CROSS, DODDA BANASWADI BENGALURU-560043. 3. RAVI S/O LATE SIDDALINGEGOWDA AGED ABOUT 36 YEARS TAVARAGATTE VILLAGE, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA - 562117. PETITIONERS (BY SRI. H. KANTHARAJ, SENIOR COUNSEL FOR SRI. RAVI H K.,ADVOCATE) AND: 1. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, K.G.ROAD, BENGALURU-560009. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010571452026 NC: 2026:KHC:44631 WP No. 25901 of 2026 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION K.G.ROAD, BENGALURU-560009. 3. THE TAHSILDAR BENGALURU SOUTH TALUK KANDHAYA BHAVAN, GROUND FLOOR, K.G.ROAD, BENGALURU-560009. 4. THE TAHSILDAR BENGALURU EAST TALUK K.R. PURAM, BENGALURU 560013. 5. THE TAHSILDAR KANAKAPURA TALUK BENGALURU SOUTH DISTRICT BENGALURU 562117. 6. KARNATAKA PUBLIC SERVICE COMMISSION UDYOG SOUDA, DEVARAJ DEVARAJ URS ROAD, OPPOSITE TO AG AND CID OFFICE, AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS SECRETARY. RESPONDENTS (BY SRI. MOHAMMED JAFAR SHAH., AGA FOR R1 TO R5/STATE; SRI. MOHAMMED SHAMI., ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT BEARING NO. MSC/CR/224/2026- 27 DATED 12.08.2026 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO.1 VIDE ANNEXURE-A AND ETC,. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR CNR: KAHC010571452026 NC: 2026:KHC:44631 WP No. 25901 of 2026 ORAL ORDER Learned AGA accepts notice for respondent Nos.1 to 5. 2. Learned counsel Sri. Mohammed Shami, accepts notice for respondent No.6. 3. The petitioners are before this Court seeking for the following reliefs: "The petitioners most respectfully pray that this Hon'ble Court may be pleased to allow this writ petition by: a) Quashing the endorsement bearing No.MSC/CR/224/2026-27 dated 12.08.2026 issued by respondent No.3 to petitioner No.1 vide Annexure-A; b) Quashing the endorsement dated 11.08.2026 issued by respondent No.4 to petitioner No.2 vide Annexure-B; c) Quashing the endorsement dated 13.08.2026 issued by respondent NO.5 to petitioner No.3 vide Annexure-C; d) Issuing a writ in the nature of mandamus directing respondent Nos.3 to 5 to issue cast and income certificates in Form-F to the petitioners without taking into consideration their salary income for determination of creamy layer status and, in the alternative, directing respondent No.6 to accept the creamy layer exemption cast certificates in Form-H issued to the petitioners for the purpose of considering their applications pursuant to the Notification dated 31.07.2026 vide Annexure-G; - 4 - HC-KAR CNR: KAHC010571452026 NC: 2026:KHC:44631 WP No. 25901 of 2026 e) Granting such other order or relief as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 4. The grievance of the petitioner is that while considering the issuance of income and caste certificate in favour of the petitioners, the income of the petitioner is also being taken into consideration which could not have been so considered. In view of the decision of the Hon'ble Apex Court in the case of Surinder Singh V.s Punjab State Electricity Board, Patiala and Others reported in AIR 2015 SC 537, wherein it has been categorically stated that the parents income alone is required to be taken into consideration. In this case, the petitioners being in-service candidates, their income in-service could not have been taken into consideration submission by learned Senior counsel Sri. H. Kantharaj, for the petitioners. 5. In that view of the matter, the District Caste Verification Committee is directed to consider the above observation as the decision of the Hon'ble Apex Court in the case of Surinder Singh V.s Punjab State Electricity Board, Patiala and Others reported in AIR 2015 SC 537 and issue - 5 - HC-KAR CNR: KAHC010571452026 NC: 2026:KHC:44631 WP No. 25901 of 2026 necessary income cum caste certificate to the petitioners without taking into consideration the income of the petitioners, but only taking into account the income of the parents of the petitioners in applicable Form or before 25.08.2026, which the petitioners would be entitled to submit to respondent No.6 before the last date, and Respondent No.6 would have to consider the same. 6. Respondent Nos.3 to 5 are directed to issue income cum caste certificate in applicable Form by 25.08.2026. Accordingly, the petition stands disposed of. Hand delivery permitted. Sd/- (SURAJ GOVINDARAJ) JUDGE PNV List No.: 1 Sl No.: 18