Dasharath v. Assistant Commissioner, Jamakhandi Sub-Division
2015-12-08
S.N.SATYANARAYANA
body2015
DigiLaw.ai
ORDER : S.N. Satyanarayana, J. 1. The petitioner herein is impugning the order dated 20-10-2015 passed by respondent 1, in No. MSC/AP-11/2013-14 vide Annexure-N, wherein the Caste Certificate issued in favour of petitioner holding that he belongs to Channadasar Community, which is classified as Scheduled Caste is cancelled and consequently, his election to the post of the Adhyaksha to Terdal Town Municipal Council is also cancelled. Being aggrieved by the same, the petitioner has come up in this writ petition impugning the said order, which is at Annexure-N. The learned Counsel for the petitioner would also rely upon the judgment rendered by a co-ordinate Bench of this Court in the case of Suryakantha Rao v. State of Karnataka, LAWS (Kar.) 2002 1 68, wherein under similar circumstances, this Court has held that the Assistant Commissioner cannot consider the petition under Section 4-B of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) (Amendment) Act, 1997, unless the aggrieved person approaches the Tahsildar at the first instance and seek cancellation of the same. 2. In the instant case, respondent 3-Hanamant S/o. Mukund Roddennavar, who is presently elected as President of Terdal Town Municipal Council has challenged the Caste Certificate issued in favour of the petitioner herein. Respondent 3 before approaching the Assistant Commissioner has failed to approach the Tahsildar, Terdal seeking cancellation of the Caste Certificate on the ground that the petitioner does not belongs to Channadasar Community which comes under the classification of Scheduled Castes. Instead he has directly approached the Assistant Commissioner seeking cancellation of the same, which is contrary to the procedure set down under the Act and also to the judgment rendered by a Co-ordinate Bench of this Court referred to supra. In that view of the matter, the order of respondent 1 vide Annexure-N is hereby set aside. Liberty is reserved to respondent 3 herein to approach the Tahsildar, Jamakhandi seeking cancellation of Caste Certificate issued in favour of the petitioner herein. In the enquiry which is to be conducted by the Tahsildar, if the petitioner herein has misrepresented in securing the Caste Certificate dated 12-7-2013 vide Annexure-H and if it is found to be erroneous, then respondent 2-Tahsildar is at liberty to set aside the same. With such liberty to respondents 2 and 3, this writ petition is disposed of.