TEJASWINI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Sri C.Jagadish, learned Special Counsel accepts notice for respondents.

(2.) The petitioner aggrieved by the impugned circular dtd. 6/6/2020 is seeking quashment of the impugned endorsement dtd. 21/9/2022 at Annexure-F issued by the 3rd respondent, declining to issue caste certificate to the petitioner that they belong to Talawara community which according to the petitioner is entitled as a Scheduled Tribe community.

(3.) Learned counsel for the petitioner submits that similar question arose in the case of Siddu S/o Mallappa Talawar V/s The State of Karnataka and others in W.P.No.201230/2022 and the Co-ordinate Bench of this Court by order dtd. 13/6/2022, noticed the submission of the learned Special Counsel that there are two communities with the same name i.e., Talawara and Talawara Boya, and it was for the petitioner to have clearly declared which of the community she belongs to. The Co-ordinate Bench also noticed the earlier decision in the case of Chandrakant S/o Shivanna Koli and others V/s The State of Karnataka and others in W.P.No.201694/2021 dtd. 2/2/2022 and similar other cases and held that the Tahsildar is required to hold an enquiry before issuing caste certificate in favour of the petitioner. The Co-ordinate Bench also held that the Tahsildar is required to take into consideration the objections raised by the Special Counsel and verify whether the claimant belongs to Talawara community or Talawara Boya community and thereafter, proceed in accordance with law.