MOHAN KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for a certiorari to quash the order passed by respondent No.2, the Deputy Commissioner, Ballari bearing No.Sakala/ Caste Certificate/ 19/ 2017-18, dated Nil- 09-2017 confirming the order passed by the Assistant Commissioner, Ballari, vide Annexure-F to the writ petition and consequently for a mandamus directing the respondents to issue caste certificate after verifying all the records produced by the petitioner before this authority concerned.

(2.) The case of the petitioner is that he is the resident of Bandri Village of Sandur Taluk and claims to belong to Beda Jangama community and as such applied to get the certificate from respondent No.4, which application however was rejected by respondent No.4. Along with the said application, the petitioner had produced Election Identity Card, Adhar Card and School leaving certificate, where the caste of the petitioner is shown as Jangama and on this basis he claims that Jangama and Beda Jangama being one and the same. i.e., synonymous, the petitioner ought to have been given a caste certificate of Beda Jangama being a Schedule Caste.

(3.) Shri S.R. Hegde, learned counsel for the petitioner would contend that the rejection could not have been done merely on the basis of the documents furnished by the petitioner, the petitioner ought to have conducted an enquiry, spot inspection and thereafter disposed of the application filed by the petitioner. In this regard, the petitioner has also produced Annexure-C1, being statement of villagers, where he is residing and Annexures-D1 and D2, being the certificates issued by Mandal Panchayat and Akhil Bharata Mula Jangama, Beda Jangam, Bedagu Jangama Samaja Samsthe, dated 16.04.1993, wherein the petitioner claims that the villagers in the village where the petitioner is residing has stated that petitioner belongs to Jangama Community and therefore, it ought to have been considered. He relies on the statement made by the villagers stating that the petitioner has been following and performing the rituals as that of a person belonging to the Jangama community. He is a vegetarian and the people in the village address him and his family members as Jangama, Swami, Aiyya etc., this aspect having not been considered by respondent No.4 and subsequently by respondent No.2. Shri S.R. Hegde, learned counsel would submits that the procedure which has been followed by the said authority are not in accordance with law and therefore, rejection of the application filed by the petitioner is required to be quashed.