S. NAGABHUSHANA Vs. THE TAHSILDAR

JUDGEMENT

(1.) THE petitioner, questioning the legality and validity of the endorsements dated 6th/31st August 2001 and 21st June 2002, both issued by Tahsildar, Sringeri Taluk, Sringeri, has presented the instant writ petition. Further, he has sought for a direction, directing the respondent to certify that, he belongs to 'Bhovi' caste.

(2.) THE only grievance of the petitioner in the instant writ petition is that, petitioner had filed the application on 4th May 2001 for issuing the Caste Certificate, stating that, he belongs to 'Bhovi' caste, which is a recognised scheduled caste and that, the Caste Certificate had been earlier issued by the Tahsildar, Sringeri Taluk to that effect originally in favour of the father of petitioner on 7th July 1964 and thereafter, the Caste Certificate had also been issued to the petitioner also in the year 1990. Due to afflux of time, petitioner has lost the original Caste Certificate issued by the Tahsildar, on 7th June 1990. Thereafter, when petitioner wanted to do his further studies, on coming to know that the Caste Certificate issued by the Tahsildar, Sringeri was lost, he has filed an application again before the respondent for issuance of the Caste Certificate in his favour. The respondent herein has not considered his request and not issued the Caste Certificate to the effect that he belongs to 'Bhovi' caste, which falls under the scheduled caste category, as has been entered in the relevant records. The petitioner has completed his MBBS course and when the dispute arose, the petitioner was constrained to approach this Court in Writ Petition No. 739/1998 and that writ petition was allowed by this Court and the order passed by the competent authority vide Annexures T and U therein were quashed. Being aggrieved by the said order dated 15th December 2000 passed by the learned Single Judge of this Court in Writ Petition No. 739/1998, the Mysore Medical College represented by its Principal, the Caste Verification Committee by its Chairman and the Divisional Commissioner, Mysore have assailed the correctness of the order passed by the learned single judge of this Court in Writ Appeal No. 3090/2001. The writ appeal filed by the said appellants was dismissed by the Division Bench of this Court on 13th September 2001, confirming the order passed by the learned Single Judge. In spite of bringing this fact to the notice of respondent herein, the respondent has refused to issue the Caste Certificate to the petitioner on the ground that, there is no specific direction issued by this Court to issue the Caste Certificate to the petitioner and there is no provision under law to consider his case again for issuance of Caste Certificate. Being aggrieved by the impugned endorsements dated 6th/31st August 2001 and 21st June 2002 vide Annexures F. and G. respectively and seeking appropriate directions, as referred above, petitioner has presented the instant writ petition.

(3.) ONE more aspect to be taken into consideration is that, when the Division Bench of this Court had an occasion to deal with the question as to whether 'Bhovi' community belongs to scheduled caste or not?, this Court has taken the view that, there are two types of 'Bhovi' community, viz. 'Bovi' and 'Bhovi' community and both the communities are recognised as scheduled caste. The Division Bench of this Court held that, the two communities belongs to scheduled caste irrespective of the caste mentioned in their Caste Certificate as 'Bhovi' or 'Bovi'. Therefore, it has been declared and held, placing the reliance on the judgment of the Supreme Court that, the caste verification committee has no jurisdiction to inquire into the matter. Further, in view of the law laid down by the Division Bench of this Court, as referred above, the request of the petitioner is liable to be considered by the respondent for issuance of Caste Certificate.