SYED TANVEER HUSSAIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The writ petitioner got himself admitted to Engineering Course in Mechanical (Trade) during 1994-95 in the 3rd respondent College under a reserved category of backward class claiming himself to be of Darveshu caste. That provisional admission was obtained on the basis of a Certificate issued by the District Wakf Board solely on the basis of the affidavit produced by the petitioner. That Certificate of the District Work Committee is at Annexure-F.

(2.) Rule 8 of the Karnataka Scheduled Castes and Scheduled Tribes and other Backward Classes (Reservation of Appointment, etc.) Rules, 1993 (in short, 'the Rules'), provides that no candidate who claims the benefit of reservation shall be admitted to a technical or professional course of study in an Educational Institution without production of Validity Certificate. In case of other backward classes the said Validity Certificate in Form No. 1-A has to be issued by the Caste and Income Verification Committee as provided under Rule 7 of the Rules. In the present case on insistence of the respondent College the petitioner approached the said Committee for issuance of Caste Certificate. The Committee on verification of records produced by the petitioner has held that the petitioner does not belong to Darveshu community. The petitioner in the supplementary affidavit has stated that the impugned order Annexure-E rejecting his claim of being belonging to Darveshu caste has been passed without granting any opportunity of hearing to him, though it has a fatal bearing on his right to prosecute the professional course. In the statement of objection filed by respondent 2 this fact has not been specifically controverted. What has been stated is that the Committee has passed the impugned order after verification of the relevant documents of the petitioner like School Certificate and Income Certificate issued by the concerned competent authorities.

(3.) Rule 7 of the Rules provides for grant of Validity Certificate, which reads as under: