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2026 DAILYLAW 48043 (KAR)

SRI. MUTHURAMAN N v. THE CHAIRMAN AND THE DEPUTY COMMISSIONER

WP/13909/2022 · 2026-01-05

M G S Kamal

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:177 WP No. 13909 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 13909 OF 2022 (GM-CC) BETWEEN: SRI. MUTHURAMAN N S/O NATARAJAN, AGED ABOUT 47 YEARS, R/AT NO.487/1, BHOWRILAL PET, ROBERTSON PET, K.G.F. KOLARA DISTRICT-563 122. …PETITIONER (BY SRI. KASHINATH J D.,ADVOCATE) AND: 1. THE CHAIRMAN AND THE DEPUTY COMMISSIONER DISTRICT LEVEL CASTE VERIFICATION COMMITTEE, KOLARA DISTRICT, KOLAR-563 101. 2. THE JOINT DIRECTOR AND MEMBER SECRETARY DISTRICT LEVEL CASTE VERIFICATION COMMITTEE, KOLARA DISTRICT, OFFICE OF THE JOINT DIRECTOR, DEPARTMENT OF SOCIAL WELFARE, KOLAR DISTRICT-563 101. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:177 WP No. 13909 of 2022 3. THE TAHSILDAR K.G.F TALUK, K.G.F. TOWN, KOLAR DISTRICT-563 122. 4. SRI. AYYAPPAN S/O ARMUGAM KORAMANDAL K.G.F, K.G.F TALUK. KOLAR DISTRICT- …RESPONDENTS (BY SRI.C. JAGADISH SPECIAL COUSNEL FOR R1 TO R3; R4- SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO.JAMNI/SAKAE/KO/JIJAPASA/CR-05/2021-22 DATED 21.06.2021 ISSUED BY THE R1 COMMITTEE AS PER ANNEXURE-A AS WITHOUT JURISDICTION, CONSEQUENTLY QUASH THE ORDER PASSED BY THE R3 VIDE BEARING NO.JAATHI/PA/RADDU/01/K.G.F/2021-22 DATED 21.01.2022 AS PER ANNEXURE-B AS ILLEGAL AND WITHOUT JURISDICTION. 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 - 3 - HC-KAR NC: 2026:KHC:177 WP No. 13909 of 2022 ORAL ORDER The short grievance of the petitioner is that upon a complaint filed by respondent No.4, the District Caste Verification Committee without having jurisdiction taken upon itself the verification of the caste certificate issued in favour of the petitioner and passed the impugned order. 2. Learned counsel for the petitioner drawing attention of this Court to provisions of Section 4-C(2) of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc.) Act, 1990 as well as Rule 7(4) the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc.) Rules, 1992 submits that no scheme is provided under the Act or the Rules enabling the District Caste Verification Committee to take up the matter upon a complaint, that too, not filed by the Committee. He submits that an enquiry, if any, by the committee can be conducted under sub-Rule (2) and sub-Rule (3) of Rules 7 of Rules, 1992, provided the matter is referred to by the District Caste Verification Committee. In the absence of such procedure having been followed, any order passed by the respondent, more particularly Annexure-A is one - 4 - HC-KAR NC: 2026:KHC:177 WP No. 13909 of 2022 without jurisdiction. He also relies upon the order passed by the Division Bench of this Court dated 17.08.2020 passed in the case of Channabasayya Vs. State and others, wherein the Division Bench of this Court taking note of the provisions of the Act, 1990 and the precedents has held that enquiry into the caste certificate has to be made by the Directorate of Civil Rights Enforcement on the basis of reference made by District Caste Verification Committee as provided under Rule 7(4) of the Rules, 1992. Therefore, he submits that the order impugned is one without jurisdiction. He further submits that the petitioner has not sought for any benefit or any employment based on the Caste Certificate. Therefore, even on that count impugned order is not sustainable. 3. Learned Special Counsel appearing for respondent Nos.1 to 3 through video-conferencing does not dispute to the legal proposition advanced by the petitioner. He fairly submits that the order impugned is one without jurisdiction. However, he submits liberty be reserved to the Deputy Commissioner under Section 4-F of the Act, 1990 to initiate the proceedings for revision, if required. - 5 - HC-KAR NC: 2026:KHC:177 WP No. 13909 of 2022 4. Submissions taken on record. 5. Petition is allowed. 6. Impugned orders dated 21.06.2021 and 21.01.2022 produced at Annexures-A and B respectively are quashed. 7. Liberty, however reserved to the Deputy Commissioner as sought for in terms of Section 4-F of the Act, 1990. 8. All legal contentions are kept open to be urged, if in the event of any proceedings initiated under Section 4-F of the Act, 1990. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 29