RAMESH KUMAR, S/O LATE SRI C. THAMMAIAH Vs. THE STATE OF KARNATAKA SOCIAL WELFARE DEPARTMENT, REPRESENTED BY THE SECRETARY AND OTHERS

JUDGEMENT

(1.) HOARD the learned Counsel for the Petitioner and the Respondents.

(2.) IT is the case of the Petitioner that he belongs to Kaniyan caste and that it is by virtue of the caste certificate issued by the Tahsildar, Kollegal Tahuk dated 11.7.1968 that the Petitioner was appointed, as a driver in the fourth Respondent -Organization. The District Caste Verification Committee on the basis of an enquiry initiated, has recorded a finding dated 17.9.2003 that the Petitioner belongs to Kaniyan caste and not Kaniyan caste and even though the report of the Caste Verification Committee was never communicated to the Petitioner, the Management terminated the services of the Petitioner on the recommendation of the Additional Director General of Police, Directorate of Civil Rights Enforcement Cell

(3.) SUBSEQUENT to 1993 however, the Government of Karnataka has constituted a Committee comprising of three members to exclusively -address the -question of validity of a caste certificate of an individual. This is pursuant to the directions issued by the Supreme Court in the case of Kumari Madhuri Patila and another Vs. Addl. Commissioner, Tribal Development and others, AIR 1995 SC 94 . The learned Counsel would therefore submit that the District Caste Verification Committee having passed an order inspite of the Committee having been constituted to address the question exclusively would, be without jurisdiction and accordingly, would submit that the order holding that the caste certificate held, by the Petitioner was not valid ought to be set at naught and as a consequence, he herein ducted into service, pending farther enquiry by the Caste verification Committee constituted subsequent to 1993 as per Annexure -N.