Karnataka High CourtAdministrative and Public LawConstitutional Law

Karnataka HC Quashes Order Cancelling Woman’s SC Certificate Issued For Election, Says Panel Could Not Act On Police Complaint

SMT REKHAv.THE STATE OF KARANATAKA

Karnataka HC Quashes Order Cancelling Woman’s SC Certificate Issued For Election, Says Panel Could Not Act On Police Complaint. SMT REKHA vs THE STATE OF KARANATAKA. Karnataka High Court. LawLens
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In brief

The question

1. Whether the District Caste Verification Committee had jurisdiction to initiate verification proceedings on a complaint made by respondent No. 6 to the Superintendent of Police, Civil Rights Enforcement Directorate

The court held

The Court allowed the writ petition and quashed the Committee’s order dated 20 January 2024.

It also directed

It reserved liberty to respondent No. 6 to initiate proceedings in accordance with law, including through the remedies identified under Sections 4B or 4F, if so advised.

The application to vacate the stay was disposed of

01Facts

The petitioner challenged a District Caste Verification Committee order directing the Tahsildar to cancel her caste certificate on the ground that she belonged to the Muslim religion.

pp. 3–5

The proceedings followed a complaint by respondent No. 6 to the Superintendent of Police, Civil Rights Enforcement Directorate, Mysore.

pp. 3–5

The certificate had been obtained for contesting an election.

pp. 3–5

The petitioner challenged the order, including on the grounds that she had not been given sufficient opportunity and that the complaint had been initiated through an impermissible procedure

pp. 3–5

02Issues

i.1. Whether the District Caste Verification Committee had jurisdiction to initiate verification proceedings on a complaint made by respondent No. 6 to the Superintendent of Police, Civil Rights Enforcement Directorate

pp. 4–6

ii.2. Whether the Committee’s order directing cancellation of the petitioner’s caste certificate could be sustained where the certificate was obtained for contesting an election and no qualifying request for verification had been made

pp. 5–6

03Law Applied

The Court applied Sections 4A, 4B, 4C, 4E and 4F of the Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990.

pp. 4–5

A caste certificate issued by the Tahsildar may be challenged by an aggrieved person under Section 4B before the Assistant Commissioner, or by revision under Section 4F before the Deputy Commissioner.

pp. 4–5

The District Caste Verification Committee may act under Section 4C only upon a request for verification from an appointing authority or an authority making admission to a course of study; a complaint to the Superintendent of Police is not a prescribed route for challenging a certificate

pp. 4–5

Provisions in the judgment · 5

Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc.,) Act, 1990 Section 4ASection 4BSection 4CSection 4ESection 4F

04Reasoning

The Court found that respondent No. 6’s complaint was, in substance, a challenge to the issuance of the petitioner’s caste certificate.

pp. 3–6

Because the certificate was obtained for election purposes, and not for employment or admission to an educational institution, the Committee had received no qualifying request for verification under Section 4C.

pp. 3–6

The complaint to the Superintendent of Police therefore could not confer jurisdiction on the Committee, making the resulting proceedings and order wholly without jurisdiction.

pp. 3–6

The Court resolved the matter on that ground and did not decide the petitioner’s separate contention concerning adequacy of opportunity

pp. 3–6

05Holding

The Court allowed the writ petition and quashed the Committee’s order dated 20 January 2024.

pp. 6–7

It reserved liberty to respondent No. 6 to initiate proceedings in accordance with law, including through the remedies identified under Sections 4B or 4F, if so advised.

pp. 6–7

The application to vacate the stay was disposed of

pp. 6–7
Karnataka High Court

Original Court PDF

SMT REKHAvsTHE STATE OF KARANATAKA

Karnataka High Court · October 28, 2026

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