KUVEMPU UNIVERSITY Vs. GAYATHRI D.V

JUDGEMENT

(1.) The present writ appeal has been filed by the Kuvempu University being aggrieved by the order dated 08.10.2020 passed in W.P.No.9297/2020 (Smt. Gayathri D.V. vs. The Kuvempu University and Another).

(2.) The facts of the case reveal that the respondent No.1 in the present writ appeal was appointed as a First Division Clerk on 26.10.1989 in the services of the appellant/University and a complaint was made against her that she has obtained the employment on the basis of false caste certificate. The University at the relevant point of time requested the Additional Director General of Police, Civil Rights Enforcement Cell, Bengaluru (hereinafter referred to as 'the ADGP, CRE Cell') to conduct an enquiry and the ADGP, CRE Cell communicated the Registrar of the University after holding an enquiry that the employee belongs to Marati community(reserved category). It was also informed that the Marati community as per the Presidential Notification is listed as Scheduled Tribes and the employee in question is undisputedly a Member of the Scheduled Tribes only. Thereafter, some other complaints were made against the employee that she has obtained caste certificate based upon false information and once again, the matter was referred to the Police and the Inspector of Police, CRE Cell vide communication dated 09.03.2009 informed the University that a detailed enquiry has already been done in the matter and the employee in question belongs to Scheduled Tribes community only.

(3.) The University was not satisfied with the enquiries conducted by the Additional Director General of Police twice and therefore, again referred the matter to the committee constituted on account of the judgment delivered in the case of Kumari Madhuri Patil and Another vs. Addl. Commissioner, Tribal Development and Others reported in (1994) 6 SCC 241 by the Hon'ble Supreme Court and the Deputy Commissioner, Shivamogga District after conducting an enquiry at the instance of one G.S.Krishnamurthy and others has passed an order on 15.07.2017 holding that the employee in question belongs to Marati community which is a Scheduled Tribe community under the Presidential Notification. Thus, the undisputed facts reveal that State of Karnataka keeping in view the procedure prescribed, the Hon'ble Supreme Court in the case of Madhuri Patil (supra) has held that the employee in question to be a Member of the Scheduled Tribe community.