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1988 DIGILAW 374 (KAR)

SATISH RAMAKRISHNA RAO v. STATE OF KARNATAKA

1988-08-17

P.P.BOPANNA

body1988
BOPANNA, J. ( 1 ) THIS petition is treated as having been posted for hearing and I have heard the learned counsel for the parties. ( 2 ) THE petitioner claiming to be a member of Scheduled Caste in that he belongs to Kotegar caste has claimed the benefit of reservation for admission to the engineering Degree course for the academic year 1980-81. He was selected from the quota reserved for Scheduled Caste candidates and allotted to the Malnad engineering College. He joined the engineering course in 1980 for the academic year 1980-81. He is now in the final year of B. E. Course in the said college and it is submitted at the Bar that he has completed the Engineering course. However, the 2nd respondent. Director of technical Education, acting on the basis of a police complaint and investigation in that behalf proposed to cancell the admission of the petitioner to the Engineering course in question on the ground he had obtained a false Caste Certificate from the authorities in question in order to reap the benefit of reservations made for scheduled Caste and Scheduled Tribe. The petitioner at this stage has approached this Court for a declaration that he comes under the classification of Scheduled Caste and Scheduled Tribe being a member of Kotegar Caste and, therefore, the proposed action against him is forbidden by law. ( 3 ) IN support of the contention that kotegar community is treated as Scheduled Caste community, the learned counsel for the petitioner has relied on a book edited by E. Thurston, Superintendent, Madras Government Museum, on castes and Tribes of Southern India. It is found at page 362 of the said book that Kotegar community is also known as servegara and it said to be "a branch of the Konkan Marathis of Goa from whence they are invited by the Lingavat Kings of nagara to serve as soldiers and to defend their forts (kote), whence the alternative name of Koteyava (or Gotegara ). Another name for them is Ramakshatri. The mother-tongue of the Servegaras in South kanara is Canarese, while their brethren in the north speak Konkani. They have now taken to cultivation, but some are employed in the Revenue and Police departments as peons (orderlies) and constables, and a 5ew are shopkeepers. The name Servegara is derived from the canarese serve, an army. . . . . . . . They have now taken to cultivation, but some are employed in the Revenue and Police departments as peons (orderlies) and constables, and a 5ew are shopkeepers. The name Servegara is derived from the canarese serve, an army. . . . . . . . ( 4 ) IN the Madras District Manualsouth Canara-compiled by J. Sturrock, i. C S. , Volume I, there is also a reference to the community by name Servegaras. They are known as -". . . . KOTEYARAS, Kshatris or Ramakshatris are said to be a branch of the konkan Marathis of Goa, from whence they are invited by the Lingayat kings of Nagara to serve as soldiers and to defend their fort (kote) whence the alternative name of Koteyara. The mother-tongue of the Servegaras of south Canara is Canarese, while their brethren in the north speak Konkani. They have now taken to cultivation, but some are employed in the revenue and police departments as peons and constables, and a few are shopkeepers. The name Servegara is derived from canarese serve, an army. . . . . . . . . " ( 5 ) FROM these textual authorities, it is possible to contend that Kotegar caste is also known as Koteyar or Servegara and they are synonvmous words for kotegara caste as is understood in this part of out State. But, the Director of technical Education appears to have placed reliance on a police report dated 28-10-1987. In that report the Deputy superintendent of Police GRE-Celt, mysore, had intimated the Director of technical Education, Palace Road, Bangalore, thus : "in this connection a detailed enquiry was conducted by Sri K. Sanne Gowda, the then Inspector of Police, CID C R. E. Cell, Mysore and submitted his report to the effect that Sri Sathish Ramakrishna Rao belongs to 'hindu KOTEYAR' community which it is not come under Scheduled Caste. " The report of the Deputy Superintendent of Police does not make any reference to any authority to support his view. The inspector seems to have made certain local enquiries with persons in the village in question who, according to the Inspector, were of the view that the petitioner belongs to Koteyar or Kote Kshathriya community which is not classified as scheduled Caste. Prima facie the views of these local people in the village is not in consonance with the authoritative texts. Prima facie the views of these local people in the village is not in consonance with the authoritative texts. There appears to be a real bona fide dispute whether Koteyar or Kote Kshetriya is the same is Kotegar. Till that dispute is resolved by a proper enquiry, it cannot be said that the petitioner had obtained a false certificate in order to gain admission to Malnadu Engineering college. Moreover, the petitioner who had produced certificate in the year 1980-81 has nowcomp leted the Engineering Course. So at this distance of time, without notice to the petitioner the authorities could not have proposed to take action against him on the basis of the police report and, therefore, the proposed action is violative of the principles of natural justice. ( 6 ) ACCORDINGLY, this petition is allowed and therere shall be a direction to the respondents to forebear from taking any action against the petitioner on the ground that he does not belong to kotegar caste till such time the authorities hold the necessary enquiry after notice to the petitioner and determine whether the community to which he claims to belong to comes under the classification of Scheduled Caste and Scheduled tribe. ( 7 ) THE petitioner having succeeded in this petition, the authorities are directed to announce the results of the examinations taken by him. ( 8 ) THE authority shall complete the enquiry in this regard within a period of 3 months from the date of receipt of this order. However, it is open to the 2nd respondent not to issue the degree certificate to the petitioner in the event of the petitioner's success in the examination till the enquiry is completed within 3 months from the date of receipt of this order. I. A. I, stands dismissed in view of the disposal of the writ petition on merits. No costs. Writ petitions allowed. --- *** --- .