GURUSIDDAYYA Vs. THE TAHSILDAR II, DHARWAD AND ORS.

JUDGEMENT

(1.) WITH the consent of both the learned counsel for appearing for the parties, the matter is taken up for final disposal.

(2.) THE petitioner was issued caste certificate as Beda Jangama, which is a Scheduled Caste under the provisions of Karnataka Scheduled Caste and Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990. The petitioner claims that he belongs to Beda Jangama, which is a Scheduled Caste. For the purpose of his education and employment, the petitioner applied for caste certificate before the respondent No. 1. The respondent No. 1 issued caste certificate to the petitioner under Section 4 -A of the Act after examining and satisfying the requirements under the said Act, 1990. Before issuance of the said certificate, the application filed by the petitioner has been considered, mahazar has been drawn as per Annexure -B and the respondent No. 1 himself satisfied that the petitioner belongs to Beda Jangama, which is classified as Scheduled Caste in the schedule. In this circumstance, the certificate issued in favour of the petitioner is strictly and purely in accordance with law. Once caste certificate is issued under Section 4A of the Act, if any person is aggrieved by such certificate can prefer an appeal under Section 4 -B of the Act, except the said appeal provision, the Tahasildar himself who has issued certificate has no power to recall the said certificate by way of cancellation.

(3.) THE learned counsel for the respondents who filed an application to vacate the interim order submitted to vacate the interim order granted on earlier date.