K MALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) .the petitioners are aggrieved becauserespondent-2 in response to the applications of the petitioners for grant of castecertificate issued an endorsement statingthat 'nayaka' community cannot be considered asscheduled tribe under government circular No. Swl 264 set 81 dated24-6-1981. The petitioners are furtheraggrieved because respondent-2 canceiiedthe certificate dated 24-8-1981. According to the petitioners, the circulars annexures'd' and 'e' issued by the government of Karnataka are illegal and so alsothe endorsement under Annexure-C declining the issue of caste certificate to thepetitioners.

(2.) the endorsement reads as follows :"sri k. Mallappa, ravi nilaya, tilaknagar, shimoga is hereby endorsed thathis request for issuing the st. Castecertificate for 'nayaka caste' cannot beconsidered as he has not satisfied therequirements of government circularno. Swl 264 set 81 Bangalore, dated24-6-1981. The S.T. certificate alreadyissued to him on 24-8-1981 is herebycancelled in view of the g.o. No. Swl104 dated 1-9-1981."

(3.) by examining the endorsementissued by the tahsildar. I do not find anyelement of arbitrariness. But, on theother hand, I find that the tahsildar hasapplied his mind and formed an opinionafter bearing in mind the guidelines provided by the government of Karnataka inits circulars under annexures 'd' and 'e'.in fact, Annexure-E is a clarificationissued by the state government regarding'nayaka' community. It cannot be saidthat the refusal to issue scheduled tribecertificate to the petitisners who belongto nayaka community is unsupported byreasons and is arbitrary. Hence, I can notfind fault with Annexure-C and the writpetitions fail in so far as Annexure-C isconcerned.