LAWS(KAR)-2001-8-49

K N KAMALAMMA Vs. DIVISIONAL COMMISSIONER MYSORE DIVISION

Decided On August 10, 2001
K.N.KAMALAMMA Appellant
V/S
DIVISIONAL COMMISSIONER, MYSORE DIVISION Respondents

JUDGEMENT

(1.) THE petitioner in this Writ Petition has called in question the orders passed by the 2nd respondent-Caste Verification Committee (copy of it is Annexure-'d') and order dated 15. 06. 1999, passed by the divisional Commissioner, Mysore, dismissing the appeal against the said order.

(2.) THE petitioner claiming to be a person belonging to the Scheduled Tribe Community (hereinafter referred to as the "s. T. Community" for short) had applied for a post of high school teacher against a reserved category post and it appears that the petitioner had also been selected against the reserved post. The 3rd respondent- Appointing Authority had forwarded the caste certificate which had been produced by the petitioner and was issued by the tahsildar of the area concerned and which certified that the petitioner belongs to the S. T. Community to the District Level SC/st Caste and Income Verification Committee (hereinafter referred to as the "committee" for short) for the purpose of verification of the certificate issued by the Tahsildar, in favour of the petitioner.

(3.) THE Committee issued notice to the petitioner and called for relevant school records and also afforded an opportunity to the petitioner to place supporting materials as he deemed fit. The committee on noticing that in the school records where the petitioner had undergone her primary education i. e. , at the Government Higher primary School, Anjaneya Kshetra, K. R. Nagara, that the caste certificate of the petitioner had been mentioned as person belonging to "parivara" caste and as the Committee was of the view that She "parivara" is not a community which is notified as S. T. Community, passed an order and opined that the petitioner was not entitled for claiming appointment as against the post reserved for S. T. Community member. The Committee accordingly cancelled the caste certificate which had been issued by the Tahsildar and intimated the Appointing authority accordingly.