SUMANGALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has secured admission to the Engineering Course during the academic year 1992-93 in a reserved category (Group A) claiming herself to be belonging to 'Beda Jangama'. Her said claim was accepted on the basis of an affidavit filed by her father wherein it was stated that he belongs to the said caste as per his ancestry. According to her, she was originally admitted in the Rural Engineering College, Hulkoti. But thereafter she took her transfer to B.V.B. Engineering College, Hubli.

(2.) In the present writ petition, the petitioner is aggrieved bythe order dated 29-7-1992 (Annexure-C) issued by the Principal of the College whereunder she was required to produce the Caste Certificate in Form No. I duly signed by the Tahsildar before 5-8-1992 failing which her admission was to stand cancelled but for the Interim Order passed by this Court on 27-10-1992. 2-A. It appears that the State Government had issued various Circulars like dated 22-7-1978, 5-8-1978, 18-1-1995 seeking to clarify regarding the persons who belong to the castes Beda Jangama, Budaga Jangama and Mala Jangama. These Circulars were subjected to challenge before this Court in a batch of writ petitions including Mala Jangama, Beda Jangama and Budga Jangama Samaja Samsthe v Union of India . It was contended before this Court that the said Circulars were without authority of law since the State Government has no power to add to or detract from the Presidential Notification issued under Articles 341 and 342 of the Constitution as amended by the Parliament regarding declaration of Scheduled Castes and Scheduled Tribes which are conclusive in nature. Keeping in view the said challenge and its unassail ability, the learned Advocate General fairly conceded before this Court that the State Government would constitute a Committee which will examine individual applications of the persons claiming to be belonging to the said three castes Beda Jangama, Budga Jangama and Mala Jangama without being in any way influenced by the Government Circulars referred to above.

(3.) Accordingly, keeping in view the said undertaking, in exercise of the powers conferred on the State Government under Section 12(1) of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointment, etc.) Act, 1990 ('the Act', for short) under its Notification dated 8-9-1995 inserted a new Rule 9-A in the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointment, etc.) Rules, 1992 (in short, 'the Rules'). The said Rule 9-A is to the following effect: