SATISH CHOUDAPPA HONNALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra Court appeal seeks to call in question a learned Single Judge's order dtd. 12/4/2023 entered in appellant's W.P No.24978/2022 (GM-CC), whereby an enquiry relating to his social status came to be voided on the ground that the District Verification Committee after enquiry has issued the Validity Certificate dtd. 4/11/1999. Appellant is happy with the quashment of the enquiry; however, he grieves against that part of the impugned order which reserves liberty for an enquiry 'in the event of any irregularity in the caste of the petitioner, this order will not come in the way of any action that may be initiated in accordance with law'.

(2.) Learned counsel for the appellant argues that such liberty was not to be accorded to the Authorities and therefore, to that extent the impugned order is unsustainable. Learned Additional Government Advocate appearing for the respondents opposes the appeal contending that even in the absence of reserving such a liberty in so many words, discretion lies with the Authorities to initiate action under the provisions of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.), Act, 1990 and the Rules promulgated thereunder. So contending she seeks dismissal of the appeal.

(3.) Having heard the learned counsel for the parties and having perused the appeal papers, we decline indulgence in the matter broadly agreeing with the submission of learned AGA. Wherever a certificate of social status is obtained in violation of law or by playing fraud or is granted by mistake, ordinarily proceedings are permissible under the provisions of the 1990 Act and the Rules promulgated thereunder, subject to all just exceptions. Learned Single Judge keeping this mind has rightly reserved liberty to the Authorities concerned.