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2026 DAILYLAW 34744 (KAR)

DR. M. P. DARAKESHWARAIAH v. THE STATE OF KARNATAKA

WP/10418/2022 · 2026-07-29

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010227702022 NC: 2026:KHC:39446 WP No. 10418 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 10418 OF 2022 (GM-CC) BETWEEN: 1. DR. M. P. DARAKESHWARAIAH S/O. PANCHAKSHARAIAH, AGED ABOUT 62 YEARS, NO. 39, M.R. LAYOUT, NAGASANDRA POST, BANGALORE-560 073. 2. M. E. SUJATHA W/O. M. P. DARAKESHWARAIAH, AGED ABOUT 56 YEARS, NO. 39, M.R. LAYOUT, NAGASANDRA POST, BANGALORE-560 073. 3. M. D. SHRUTHI D/O. M. P. DARAKESHWARAIAH, AGED ABOUT 32 YEARS, NO. 39, M.R. LAYOUT, NAGASANDRA POST, BANGALORE-560 073. 4. MANJUNATH. M. D. S/O. M. P. DARAKESHWARAIAH, AGED ABOUT 34 YEARS, NO. 39, M.R. LAYOUT, NAGASANDRA POST, BANGALORE-560 073. 5. JAYARAJ S/O. SHIVALINGAIAH, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010227702022 NC: 2026:KHC:39446 WP No. 10418 of 2022 AGED ABOUT 52 YEARS, NO.01, 6TH CROSS, BHUVANESHWARI NAGARA, BANGALORE-560 057. 6. SMT. SHOBHA W/O. JAYARAJ, AGED ABOUT 53 YEARS, NO.01, 6TH CROSS, BHUVANESHWARI NAGARA, BANGALORE-560 057. 7. M. R. CHETANA D/O. M. P. RENUKACHARYA, AGED ABOUT 20 YEARS, NO.39, M.R. LAYOUT, NAGASANDRA POST, BENGALURU-560 073. 8. M. P. VIVEK MATAD S/O. PRABHUSHANKAR. M. R., AGED ABOUT 34 YEARS, NO.81, MANJUNATHA NILAYA, 2ND CROSS, BANGALORE-560 020. 9. H. S. SHANTHIKUMARI W/O. PRABHUSHANKAR. M. R., AGED ABOUT 58 YEARS, NO.81, MANJUNATHA NILAYA, 2ND CROSS, BANGALORE-560 020. 10. GURUSIDDAYYA HIREMATH S/O. RACHAIAH, AGED ABOUT 50 YEARS, NO.39, M.R. LAYOUT, NAGASANDRA POST, BANGALORE-560073. - 3 - HC-KAR CNR: KAHC010227702022 NC: 2026:KHC:39446 WP No. 10418 of 2022 11. M. S. MAMATA S/O. M. P. SHIVASHANKARAIAH, AGED ABOUT 38 YEARS, NO.39, M.R. LAYOUT, NAGASANDRA POST, BANGALORE-560073. …PETITIONERS (BY SRI. R G HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560 001. 2. THE DIRECTOR GENERAL OF POLICE CIVIL RIGHTS ENFORCEMENT DIRECTORATE NO.1, TECHNICAL EDUCATION BHAVAN, 1ST FLOOR, PALACE ROAD, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, BENGALURU-560 001. 4. THE POLICE INSPECTOR CIVIL RIGHTS ENFORCEMENT DIRECTORATE, BAGALAKOTE. …RESPONDENTS (BY SRI. C JAGADISH, SPECIAL COUNSEL FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND PROCEEDINGS, QUASH THE MEMORANDUM - 4 - HC-KAR CNR: KAHC010227702022 NC: 2026:KHC:39446 WP No. 10418 of 2022 UNDER ANNEXURE-H DTD 7.04.2022 ISSUED BY THE R2 IN SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners who are issued with the caste certificates by the Tahsildar are before this Court being aggrieved by Memorandum dated 07.04.2022 issued by respondent No.2 in terms of which the Deputy Superintendent of Police, Belagavi, has been directed to conduct an enquiry with regard to the genuineness/ authenticity of the certificates issued/obtained by the petitioners and to submit the report within 20 days thereof to the office of respondent No.2. 2. The learned counsel for the petitioner submits that the impugned memorandum is in the nature of direction to the Deputy Superintendent of Police of Belagavi District which is illegal and arbitrary as the same - 5 - HC-KAR CNR: KAHC010227702022 NC: 2026:KHC:39446 WP No. 10418 of 2022 is not traceable to any of the provisions of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Act, 1990. He refers to Sub-Rule (4) of Rule 7 of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Rules, 1992 and submits that the role of Directorate of Civil Rights (DCRC) Enforcement for detailed investigation and submitting the report would arise only at the instance of District Caste Verification Committee (DCVC) and it cannot have any independent authority or jurisdiction to conduct the enquiry on its own. 3. In the instant case, he emphasizes that such an enquiry is sought to be undertaken apparently at the instance of a communication issued by the government as found at reference No.2 of the said Memorandum. Hence, seeks for quashing of the said memorandum. - 6 - HC-KAR CNR: KAHC010227702022 NC: 2026:KHC:39446 WP No. 10418 of 2022 4. Sri Jagadish, the learned Special Counsel appearing for respondents does not dispute the legal position. He submits if liberty is reserved to the respondents - Authorities to take action in accordance with law, more particularly, as per Section 4F of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Act, 1990, purpose would be served. 5. Submission is placed on record. 6. In view of this undisputed position of law, namely, Sub-Rule (4) of Rule 7, the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Rules, 1992 providing authority for conducting of investigation and submitting the report by Directorate of Civil Rights only upon the instructions of DCVC as contemplated thereunder, that legal requirement not having been satisfied, the memorandum and the consequent direction to conduct - 7 - HC-KAR CNR: KAHC010227702022 NC: 2026:KHC:39446 WP No. 10418 of 2022 enquiry cannot be sustained. Accordingly, impugned memorandum is quashed. The writ petition is allowed. 7. Needless to state respondent - Deputy Commissioner is at liberty to proceed in accordance with law as contemplated under Section 4F the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Act, 1990. Sd/- (M.G.S. KAMAL) JUDGE Vmb List No.: 1 Sl No.: 12