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2020 DIGILAW 1505 (KAR)

Mahadevi v. State Of Karnataka

2020-07-27

S.R.KRISHNA KUMAR

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JUDGMENT S.R. Krishna Kumar, J. - Heard the learned counsel for the petitioner and learned counsel for the respondent Nos.1 to 5 and 6 and perused the writ papers. 2. It is a specific contention of the petitioner that for the purpose of contesting the election to the Gram Panchayath of Jodakurali village, Chikkodi taluka, District Belagavi, respondent No.6 has obtained a false caste certificate by manipulating documents and by playing fraud, falsely representing that she belongs to schedule caste. 3. Petitioner contended in the writ petition that the documents produced by respondent No.6 for the purpose of obtaining caste certificate are false and bogus documents. It is the further contention of the petitioner is that she submitted representations vide Annexures-D1 to D3 to respondent Nos.2 to 5 calling upon them to take necessary action against respondent No.6 for producing false and bogus caste certificate. Since no action has been taken against respondent No.6 in this regard, the petitioner is before this Court by way of the present petition. 4. Learned counsel for respondent No.6 has filed statement of objections inter alia contending that apart from the fact that the various contentions urged by petitioner are false and frivolous, the writ petition itself is not maintainable since the petitioner has an alternative and efficacious remedy by way of appeal under Section 4B of the Karnataka Scheduled Caste and Scheduled Tribes and Others Backward Classes (Reservation of appointments, ETC.,) Act,1990 (for short 'the Act'). 5. It is therefore contended by the learned counsel for respondent No.6 that in view of an alternative and efficacious remedy of appeal available to the petitioner to challenge the caste certificate issued in favour of the respondent No.6, the present petition is not maintainable. 6. Learned Government Advocate for respondent Nos. 1 to 5 also submits that in view of availability of an alternative and efficacious remedy by way of appeal under Section 4B of the Act, the present petition is not maintainable. 7. I have given anxious consideration to the rival contentions and perused the material on record. 8. 6. Learned Government Advocate for respondent Nos. 1 to 5 also submits that in view of availability of an alternative and efficacious remedy by way of appeal under Section 4B of the Act, the present petition is not maintainable. 7. I have given anxious consideration to the rival contentions and perused the material on record. 8. A perusal of the petitioner's representations at Annexures-D1 to D3 indicates that it is her specific contention that the caste certificate obtained by respondent No.6, which permitted the respondent No.6 to contest for election to the Gram Panchayath of Jodakurli village as a ST candidate was bogus caste certificate obtained by the respondent No.6, by furnishing false information and fraudulent documents. 9. Section 4A of the Act reads as under: 4A. Issue of caste certificate and income and caste certificate.- (1) Any candidate or his parent or guardian belonging to the Scheduled Castes or the Scheduled Tribes may, in order to claim benefit of reservation under section 4, either for appointment to any service or post or for admission to a course of study in a university or any educational institution, make an application to the Tahasildar in such form and in such manner as may be prescribed for issue of a caste certificate. (2) Any candidate or his parent or guardian belonging to other Backward Classes may, in order to claim benefit of reservation under section 4 either for appointment to any service or post or for admission to a course of study in a university or any educational Institution, make an application to the Tahasildar in such form and in such manner as may be prescribed for issue of an income and caste certificate. (3) The Tahasildar may, on receipt of an application under sub-section (1) or (2), and after holding such enquiry as he deems fit and satisfying himself regarding the genuineness of the claim made by applicant pass an order issuing a caste certificate or, as the case may be, an income and caste certificate in such form as may be prescribed, or rejecting the application. (4) The Tahasildar shall follow such procedure as may be prescribed before passing the order under sub-section (3). (5) The burden of proving that the candidate or his parent or guardian belongs to Scheduled Castes, Scheduled Tribes or other Backward Classes shall be on the applicant. 10. (4) The Tahasildar shall follow such procedure as may be prescribed before passing the order under sub-section (3). (5) The burden of proving that the candidate or his parent or guardian belongs to Scheduled Castes, Scheduled Tribes or other Backward Classes shall be on the applicant. 10. The impugned caste certificate which is sought to be assailed by the petitioner is produced at Annexure- C1 and the same is issued under Rule 3(A)(2)(3) of the Rules framed under the aforesaid Act. It is therefore clear that the said caste certificate has been issued under the provisions contained under Section 4A of the Act R/w. Rule 3(A)(2)(3) of the Rules. 11. Section 4B of the Act reads as under: Appeal against order under section 4A.- (1) Any person aggrieved by an order of the Tahasildar under section 4A may, within thirty days from the date of receipt of the order prefer an appeal to Assistant Commissioner of the revenue sub-division. (2) The Assistant Commissioner of the revenue sub-division may after giving both parties an opportunity of being heard pass orders allowing or dismissing the appeal and in appropriate cases directing issue of a caste certificate or as the case may be, an income and caste certificate to the applicant. 12. A conjoint reading of Sections 4A , 4B and Rule 3(A)(2)(3) clearly indicates that any person including the petitioner herein who is aggrieved by the impugned caste certificate is entitled to an alternative remedy of preferring an appeal against issue of such caste certificate in the manner provided under Section 4B of the Act. 13. Under these circumstances, I am of the considered opinion that petitioner is entitled to prefer appeal against the impugned caste certificate produced at Annexure-C1. In the light of the availability of an equally alternative and efficacious remedy by way of appeal under Section 4B of the Act, the impugned order does not warrant interference by this Court. In the result, I pass the following: ORDER The writ petition is hereby dismissed reserving liberty to the petitioner to challenge the impugned caste certificate at Annexure-C1 by preferring an appeal under Section 4B of the aforesaid Act. Petitioner is entitled to the benefit of Section 14 of the Limitation Act. Upon the petitioner preferring such appeal, the Assistant Commissioner is directed to dispose of the same expeditiously as possible. Petitioner is entitled to the benefit of Section 14 of the Limitation Act. Upon the petitioner preferring such appeal, the Assistant Commissioner is directed to dispose of the same expeditiously as possible. It is needless to state that any appeal preferred by the petitioner herein, the respondent No.6 is entitled to contest the same. All rival contentions between the parties are hereby kept open.