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1995 DIGILAW 562 (KAR)

SYED TANVEER HUSSAIN v. STATE OF KARNATAKA

1995-11-13

G.C.BHARUKA

body1995
G. C. BHARUKA, J. ( 1 ) THE writ petitioner got himself admitted to Engineering course in Mechanical (Trade) during 1994-95 in the 3rd respondent College under a reserved category of backward class claiming himself to be of Darveshu caste. That provisional admission was obtained on the basis of a Certificate issued by the District Wakf Board solely on the basis of the affidavit produced by the petitioner. That Certificate of the District Work committee is at Annexure-F. ( 2 ) RULE 8 of the Karnataka Scheduled Castes and Scheduled Tribes and other Backward Classes (Reservation of appointment, etc.) Rules, 1993 (in short, 'the Rules'), provides that no candidate who claims the benefit of reservation shall be admitted to a technical or professional course of study in an educational Institution without production of Validity certificate. In case of other backward classes the said Validity certificate in Form No. 1-A has to be issued by the Caste and income Verification Committee as provided under Rule 7 of the rules. In the present case on insistence of the respondent college the petitioner approached the said Committee for issuance of Caste Certificate. The Committee on verification of records produced by the petitioner has held that the petitioner does not belong to Darveshu community. The petitioner in the supplementary affidavit has stated that the impugned order annexure-E rejecting his claim of being belonging to Darveshu caste has been passed without granting any opportunity of hearing to him, though it has a fatal bearing on his right to prosecute the professional course. In the statement of objection filed by respondent 2 this fact has not been specifically controverted. What has been stated is that the Committee has passed the impugned order after verification of the relevant documents of the petitioner like School Certificate and Income certificate issued by the concerned competent authorities. ( 3 ) RULE 7 of the Rules provides for grant of Validity Certificate, which reads as under:"7. Validity Certificate. (1) Caste Verification Committee or the Caste and Income Verification Committee shall issue a Validity Certificate in Form No. 1-A to the applicant after verifying the caste and income of the applicant in such manner as it deem fit within three months from the date of application. Validity Certificate. (1) Caste Verification Committee or the Caste and Income Verification Committee shall issue a Validity Certificate in Form No. 1-A to the applicant after verifying the caste and income of the applicant in such manner as it deem fit within three months from the date of application. (2) Any person aggrieved by an order of the Caste verification Committee or Caste and Income Certificate verification Committee may appeal to the Divisional commissioner of the concerned revenue division. The divisional Commissioner may after giving an opportunity of being heard to the appellant pass such order as he deems fit. (3) Notwithstanding anything contained in sub-rule (2) all appeals pending before the Secretary to Government, social Welfare Department on the date of commencement of these rules shall be disposed of by him as if the said rules have not been amended". ( 4 ) THOUGH the above Rule 7 (1) does not expressly provide forgrant of an opportunity of hearing to an applicant before passing an adverse order, but rules of natural justice make it imperative to provide such a procedural safeguard and fairness. ( 5 ) IN the case of Stats of Haryana. v Ram Kishan and Others ,it has been held by Apex Court that,"since there is no suggestion in the section to deny the right of the affected persons to be heard, the provisions have to be interpreted as implying to preserve such a right. Reference may be made to the observations of this Court in baldev Singh and Others v State of Himachal Pradesh and others , that where exercise of a power results in civil consequences to citizens, unless the statute specifically rules out the application of natural justice, such rule would apply". ( 6 ) IN the said view of the matter, Annexure-E is quashed with a direction to the respondent Caste and Income Verification committee to pass orders after giving reasonable opportunity of hearing to the petitioner within two months from the date of communication of this order, by bringing to his notice all the adverse materials appearing against him in the records, so that he (petitioner) may effectively meet/rebut the same. ( 7 ) IN the case of Kumari Madhuri Patil and Another v Additional Commissioner, Tribal Development and Others , it has been held by the Supreme Court that,"whether appellants are entitled to their further continuance in the studies is the further question. Often the plea of equities or promissory estoppel would be put forth for continuance and completion of further course of studies and usually would be found favour with the Courts. The courts have constitutional duty and responsibility, in exercise of the power of its judicial review, to see that constitutional goal set down in the Preamble, the Fundamental rights and the Directive Principles of the Constitution, are achieved. A party that seeks equity, must come with clean hands. He who comes to the Court with false claim, cannot plead equity nor the Court would be justified to exercise equity jurisdiction in his favour. There is no estoppel as no promise of the social status is made by the State when a false plea was put forth for the social status recognised and declared by the Presidential Order under the Constitution as amended by the SC and ST (Amendment) Act, 1976, which is later found to be false. Therefore, the plea of promissory estoppel or equity have no application. When it is found to be a case of fraud played by the concerned, no sympathy and equitable considerations can come to his rescue. Nor the plea of estoppel is germane to the beneficial constitutional concessions and opportunities given to the genuine tribes or castes. Courts would be circumspect and wary in considering such cases". ( 8 ) IN view of the law laid down by the Supreme Court, it is clarified that ultimately if it is found that the Petitioner does not belong to the Caste/sect as claimed by him, he will not be entitled to claim any equity or estoppel against the respondents and his admission to the Course will be liable to be cancelled on this ground alone. ( 9 ) WRIT Petition is accordingly allowed to the said extent only. --- *** --- .