SMT REKHA vs THE STATE OF KARANATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60019
WP No. 12420 of 2024
CNR: KAHC010215242024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA
WRIT PETITION NO. 12420 OF 2024 (GM-CC)
BETWEEN:
SMT REKHA
W/O CHANDRAKANTH,
AGED ABOUT 29 YEARS,
R/AT BASAVESHWARA COLONY,
BETTADAPURA VILLAGE AND POST,
BETTADAPURA HOBLI,
PERIYAPATTANA TALUK
KARNATAKA - 571 102
…PETITIONER
(BY SRI. DHANANJAY KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARANATAKA
DEPARTMENT OF SOCIAL WELFARE,
REP BY ITS SECRETARY - 560 001,
M S BUILDING BENGALURU
2. THE DEPUTY COMMISSIONER
MYSORE DISTRICT,
AND PRESIDENT OF
SC/ST DISTRICT CASTE VERIFICATION COMMITTEE
MYSORE DISTRICT - 575 001
3. THE TAHASILDAR
PERIYAPATTANA TALUK
Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:60019
WP No. 12420 of 2024
CNR: KAHC010215242024
MYSORE DISTRICT - 571 102
4. JOINT DIRECTOR
SOCIAL WELFARE DEPARTMENT,
AND MEMBER SECRETARY,
SC/ST CASTE VERIFICATION COMMITTEE,
MYSORE DISTRICT - 575 001
5. JOINT SECRETARY
AND MEMBER,
SC/ST CASTE VERIFICATION COMMITTEE,
MYSORE DISTRICT - 575 001
6.
SMT ANITHA
W/O NARAYANA,
AGED 31 YEARS,
R/AT BETTADAPURA VILLAGE,
BETTADAPURA HOBLI,
PERIYAPATTANA TALUK
KARNATAKA - 571 102
…RESPONDENTS
(BY SRI. C. JAGADISH, SPECIAL COUNSEL
APPEARING THROUGH VC FOR R1 TO R5
SRI. NAGAIAH, ADVOCATE FOR R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD 20.01.2024 PASSED BY THE R-2 TO 5 IN NO. JAM
NI/SAKAE/D6/SUJAPA/CR-10/2022-23 VIDE ANNX-A AND
ALLOW THIS WP ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA
- 3 -
HC-KAR
NC: 2026:KHC:60019
WP No. 12420 of 2024
CNR: KAHC010215242024
ORAL ORDER
The petitioner is before this Court impugning the
order dated 20.01.2024 passed by the District Caste
Verification Committee, consisting of respondent Nos.2
and 5, whereby the Committee has directed respondent
No.3 to cancel the caste certificate issued in favour of the
petitioner on the ground that the petitioner does not
belong to the Scheduled Caste, as she belongs to the
Muslim religion. The proceedings initiated by respondent
Nos.2 and 5 are based on the complaint submitted by
respondent No.6 to the Superintendent of Police, Civil
Rights Enforcement Directorate, Mysore.
2. The order impugned is challenged on the
ground that, before passing the impugned order, the
Committee had not afforded sufficient opportunity to the
petitioner to put forth her claim regarding her caste. At
the time of hearing of the petition, learned counsel for the
petitioner has also raised a ground relating to the
- 4 -
HC-KAR
NC: 2026:KHC:60019
WP No. 12420 of 2024
CNR: KAHC010215242024
maintainability of the complaint filed by respondent No.6
before respondent Nos.2 and 5.
3. It is the contention of the petitioner that a caste
certificate issued by the Tahsildar under Section 4A of the
Karnataka Schedule Caste & Scheduled Tribes and Other
Backward Classes (Reservation of Appointments, etc.) Act,
1990, can be challenged by any person aggrieved under
Section 4B of the Act before the Assistant Commissioner of
the Revenue Sub-Division or, in the alternative, a petition
can be filed under Section 4F of the Act before the Deputy
Commissioner. However, in the present case, respondent
No.6 has submitted a complaint before the Superintendent
of Police, Civil Rights Enforcement Directorate, Mysore,
which has been considered as proceedings under Section
4C of the Act by the Committee.
4. On looking into the proceedings initiated by
respondent Nos.2 and 5, which culminated in the order
impugned, and the provisions of Sections 4A, 4B, 4C, 4E
and 4F of the Act, it is discernible that a caste certificate
- 5 -
HC-KAR
NC: 2026:KHC:60019
WP No. 12420 of 2024
CNR: KAHC010215242024
issued by the Tahsildar could be challenged by any person
aggrieved under Section 4B of the Act before the Assistant
Commissioner or by way of a revision petition under
Section 4F of the Act before the Deputy Commissioner.
There is no provision for submitting a complaint before the
Superintendent of Police, Civil Rights Enforcement
Directorate. The District Caste Verification Committee can
initiate proceedings under Section 4C of the Act only if a
request is made for verification of the caste certificate
issued under Sections 4A or 4B of the Act, at the instance
of the appointing authority, the authority making
admission to a course of study in a University or an
educational institution, and not otherwise.
5. In the present case, the caste certificate
obtained by the petitioner was for the purpose of
contesting an election and, therefore, there was no
request before the District Caste Verification Committee
for verification of the caste certificate.
- 6 -
HC-KAR
NC: 2026:KHC:60019
WP No. 12420 of 2024
CNR: KAHC010215242024
6. On the contrary, the substance of the complaint
submitted by respondent No.6 is in the nature of a
challenge to the issuance of the caste certificate in favour
of the petitioner. Therefore, the entire proceedings
initiated at the instance of respondent No.6, which
culminated in the impugned order, is wholly without
jurisdiction. Consequently, the impugned order at
Annexure-A cannot be sustained.
7. Learned counsel for respondent No.6, however,
submits that, in the event of this Court holding that the
impugned order passed by the Committee is without
jurisdiction, respondent No.6 may be permitted to either
file an appeal under Section 4B of the Act before the
Assistant Commissioner or a revision petition under
Section 4F before the Deputy Commissioner.
8. In the result, the following:
ORDER
i. The writ petition is allowed .
- 7 -
HC-KAR
NC: 2026:KHC:60019
WP No. 12420 of 2024
CNR: KAHC010215242024
ii. The order dated 20.01.2024 at Annexure-A
passed by the District Caste Verification
Committee is hereby quashed .
iii. Liberty is reserved to respondent No.6 to
initiate such proceedings, in accordance with
the provisions of law, as noticed supra, if so
advised.
iv. I.A.No.1/2025 filed for vacating stay stands
disposed of .
Sd/-
(T.P.VIVEKANANDA)
JUDGE
SMC
List No.: 1 Sl No.: 14