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2006 DIGILAW 74 (KAR)

G. Prabhu v. District Social Welfare Officer

2006-01-18

K.L.MANJUNATH

body2006
ORDER 1. Petitioner was appointed as a primary school teacher 8-11-1978. Later on he was selected as a High School Teacher as per Annexure-D dated 5-11-1994. While appointing as a primary school teacher by producing the caste certificate dated 23-6-1978 issued by the Tahsildar, petitioner's caste was declared as Beda Jangama Community. After appointing as a High School Teacher, on an anonymous petition, petitioner was called upon to produce his caste certificate for verification and the petitioner sent a detailed reply as per Annexure-G dated 30-10-2000. R-1 as per Annexure-H dated 16-1-2001 petitioner is declared as Lingayat community and not Beda Jangama. Being aggrieved by the said order, petitioner filed an appeal before the Divisional Commissioner, Bangalore in Appeal No. 12/01-02. The appeal filed by the petitioner came to be dismissed as per Annexure-J dated 10-12-2002. Challenging the concurrent findings of R-1 & 2, present petition is filed requesting this Court to quash Annexure-H dated 16-1-2001 passed by R-1 and Annexure-J dated 10-12-2002 passed by R-2. 2. Heard the learned counsel for the petitioner and the Govt. Pleader for R-1. 3. Though several contentions are urged by the learned counsel for the petitioner, he mainly contends that R-1 committee had no jurisdiction to cancel the caste certificate issued in favour of the petitioner on the ground that R-1 has come into force w.e.f. 1-6-1992 and that R-1 has no power to go into the question of validity of the caste certificate issued prior to 1-6-1992. In a similar situation in S. Nagabhushana v. Mysore University and others in W. P. 739/1998 disposed of on 15-12-2000, learned Judge of this Court has taken the same view. Therefore, following the aforesaid decision, writ petition is also required to be allowed. 4. Accordingly, this petition is allowed. Annexures-H and J passed by R-1 & 2 respectively are hereby quashed. It is made clear that allowing of the writ petition shall not come in the way of the State Government to take appropriate action against the petitioner if any fraud is played by him while obtaining the caste certificate. 5. Petition allowed.