MR ALLAN SANTOSH BABU vs THE DEPUTY COMMISSIONER AND CHAIRMAN

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:57776
WP No. 16970 of 2024


CNR: KAHC010341642024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 13 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA

WRIT PETITION NO.16970 OF 2024 (GM-CC)

BETWEEN:

. AL
MR LAN SANTOSH BABU
S/O. AMRUTHAKAJAIAH
AGED ABOUT 38 YEARS
RESIDING AT NO. 151
TH
5 CROSS, VINAYAKA NAGARA
IMMADIHALLI
WHITE FIELD, BENGALURU EAST TALUK
BENGALURU URBAN DISTRICT-560 066
…PETITIONER








(BY SRI. SAATHWIK G, ADVOCATE FOR
SRI. KASHINATH J.D, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER AND CHAIRMAN
DISTRICT LEVEL CASTE
VERIFICATION COMMITTEE
BANGALORE URBAN DISTRICT
BEHIND KANDAYA BHAVANA
K.G. ROAD
BANGALORE-560 009

2. THE JOINT DIRECTOR AND
MEMBER SECRETARY
DISTRICT LEVEL CASTE
VERIFICATION COMMITTEE
DEPARTMENT OF SOCIAL WELFARE
BANGALORE URBAN DISTRICT




Digitally signed
by PAVITHRA B
Location: HIGH
COURT OF
KARNATAKA

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SAMPANGIRAMA NAGAR
BANGALORE-560 001

3.
THE TAHASILDAR
BANGALORE EAST TALUK
K.R. PURAM
BANGALORE-560 036
…RESPONDENTS
(BY SRI. GOWTHAMDEV C. ULLAL, ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER / PROCEEDINGS DTD.
24.06.2015 BEARING NO.JISAKAA(NA)/JAPA/CR-13/2014-15
PASSED BY THE R-1 ORDERED TO CANCEL THE CASTE
CERTIFICATE ISSUED TO PETITIONER DTD. 30.03.2007 AS PER
ANNX-A AND ALSO QUASH THE IMPUGNED ORDER PASSED BY
THE R-3 DTD. 13.12.2018 BEARING NO. MSC/CR/204/2018-19
AS PER ANNX-B AS WITHOUT JURISDICTION AND ARBITRARY
EXERCISE OF POWER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA






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WP No. 16970 of 2024


CNR: KAHC010341642024



ORAL ORDER

The petitioner is before this Court calling in question the
order passed by the District Caste Verification Committee
through which the Committee has decided to cancel the caste
certificate issued in favour of the petitioner.

2. Pursuant to the order dated 24.06.2015 at
Annexure-A, respondent No.3 has passed an order dated
13.12.2018 cancelling the caste certificate dated 30.03.2007
issued in favor of the petitioner certifying his caste as “Adi
Dravida”. The case of the petitioner is that he belongs to
Scheduled Caste, Adi Karnataka and on his request, caste
certificate dated 30.03.2007 was issued by respondent No.3.
3. Based on the caste certificate issued by respondent
No.3, the petitioner applied for appointment as Technician-A at
DRDO and he was appointed to the said post as against the
reserved category of Scheduled Caste, Adi Karnataka. On the
basis of the complaint, respondent No.1-Committee passed the
impugned order dated 24.06.2015 at Annexure-A without issuing

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CNR: KAHC010341642024



notice to the petitioner and without following the principles of
natural justice. The order dated 24.06.2015 at Annexure-A was
followed by the order dated 13.12.2018 at Annexure-B passed
by respondent No.3.
4. Pursuant to the orders passed by respondent Nos.1
and 3, FIR in Crime No.21/2019 was registered and charge sheet
was filed in Special Case No.1817/2021 on the file of Addl. City
Civil and Sessions Judge, Bangalore. It is only when the
petitioner was issued with the warrant in the criminal case, the
petitioner came to know about the orders at Annexures-A and B.
5. It is his contention that both the orders impugned
are passed by the respondent Authorities without following the
principles of natural justice. In addition to the aforesaid ground,
it is the submission of the learned counsel for the petitioner that
the order at Annexure-A is only signed by the Deputy
Commissioner who is the Chairman of the District Caste
Verification Committee, Bangalore Urban District. As per the
provisions of Rule 4 of Karnataka Scheduled Castes, Scheduled
Tribes and Other Backward Classes (Reservation of
Appointments Etc.) Rules, 1992, it is the Committee comprising

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of the members could decide the validity of the caste certificate
and the Deputy Commissioner alone cannot assume the powers
of the Committee and pass orders. Since, Annexure-A dated
24.06.2015 is not the decision of the Committee and it is the
decision of the Deputy Commissioner alone, the order impugned
is liable to be set at naught only on the ground of lack of
jurisdiction.
6. In order to examine as to whether the members of
the Committee have participated in the proceedings or affixed
their signatures in the corresponding note sheets, the learned
counsel appearing for respondent Nos.1 to 3 was requested to
secure the records relating to passing of orders at Annexure-A.
7. Today, learned counsel for respondent Nos.1 to 3
has placed before this Court the Xerox copies of the documents
contained in the file. On perusal of the file placed before this
Court, it is seen that other than the order dated 24.06.2015,
there are no other proceedings to demonstrate that the decision
at Annexure-A is of the Committee and not by the Deputy
Commissioner alone or the order at Annexure-A is proceeded by
the proceedings of the Committee.

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8. In the light of the aforesaid circumstances, the
orders at Annexures-A and B cannot be sustained. The order at
Annexure-A is passed by an authority, which is not competent to
cancel the caste certificate. Since, Annexure-B is consequential
to Annexure-A, Annexure-B is also liable to be set at naught.
9. In the result:
allowed
(i) The writ petition is .
(ii) The impugned orders dated 24.06.2015 and
13.12.2018 at Annexures-A and B respectively
passed by respondent Nos.1 and 3 are hereby
quashed.
(iii) The matter is remitted back to respondent No.1-
Committee to conduct the proceedings afresh in
accordance with law. Since, the petitioner is
represented by a counsel, the petitioner to appear
before the District Caste Verification Committee on
05.11.2026
and the District Caste Verification
Committee shall conduct the proceedings in

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accordance with law after affording reasonable
opportunity of hearing to the petitioner.


Sd/-
(T.P.VIVEKANANDA)
JUDGE




PB
List No.: 1 Sl No.: 43