Uttara Kannada Zilla Moger Sangha ® Bhatkal v. State of Karnataka Rep. by its Chief Secretary
2019-11-04
ABHAY S.OKA, S.R.KRISHNA KUMAR
body2019
DigiLaw.ai
ORDER : 1. The submissions were heard on the earlier date. Today, the learned Senior Counsel representing the respondents has tendered across the bar the circular dated 4th November 2019 issued by the State Government by which, the impugned circular dated 31st May 2018 has been withdrawn. The challenge in these petitions was only to the said circular dated 31st May 2018. 2. The learned Senior Counsel appearing for the petitioner submits that several show cause notices have been issued on the basis of the withdrawn impugned circular and First Information Reports have been registered and therefore, even the said actions need to be quashed. He also expressed some reservation about the second part of the circular dated 4th November 2019. 3. As the only prayer was for quashing the circular dated 31st May 2018 and as the said circular has been withdrawn by the circular dated 4th November 2019, no relief can be granted in these petitions. What is the nature of action initiated on the basis of the impugned circular against the members of the first petitioner is not before the Court. It is obvious that if any action has been initiated on the basis of the withdrawn circular, the persons who are aggrieved by the action taken by the State Government will have to file an appropriate proceedings in accordance with law on the basis of the withdrawal of impugned circular. That liberty is always available to the members of the first petitioner. 4. As regards the second paragraph of the circular dated 4th November 2019, we must record that all that it says is that those who are claiming benefit of Scheduled Caste listed in Entry No. 78 will have to subject themselves to an enquiry on caste status as provided in the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointment etc.) Act, 1990 and the rules made thereunder as well as the decision of the Apex Court in the case of Kumari Madhuri Patil and Another vs. Additional Commissioner, Tribal Development and Others, AIR 1995 SC 94 . 5. It is well settled law that a certificate of caste issued by the Competent Authority is always subject to scrutiny by the verification committee. Therefore, we find nothing wrong about the second part of the circular dated 4th November 2019. 6. Subject to what is observed above, the petitions are disposed of.