DIVISIONAL COMMISSIONER Vs. D M PREMAKUMARI

JUDGEMENT

(1.) THE Divisional Commissioner and two others are before us challenging the order of the learned Single Judge dated 5. 3. 2003 passed in Writ Petition No. 10843 of 2000 in this appeal.

(2.) THE respondent-petitioner belongs to Telugu Shetty Community in terms of School Records. She claimed reservation under Category-B. She was selected and appointed under the said category as Primary School Teacher. Thereafter, the Deputy Director of Public Instructions referred the matter to the District Committee for Backward Classes and Minorities for verfication and for issuance of necessary Caste Validity Certificate. On reference and on enquiry, the Committee came to a conclusion that the Community 'telugu Shetty' for which the respondent/petitioner belongs to is classified as Group-D for the purpose of appointment as per notification dated 13. 10. 1986. Since the respondent/petitioner comes under Group-D category, an order was passed declining to issue Caste Validity Certificate in the matter. Aggrieved by the order dated 8. 4. 1996 passed by the Cast Verification Committee, the respondent/petitioner has preferred an appeal before the Divisional Commissioner, Mysore Division, Mysore. The appeal stood dismissed. Thereafter, the respondent/petitioner has chosen to file a writ petition in W. P. No. 10843 of 2000 and the same was allowed by the Learned Single Judge. The said order is challenged in this appeal.

(3.) HEARD Sri. B. Veerappa, Learned Government Advocate appearing for the appellants and Sri. Tarakaram, Learned Senior Counsel appearing for the respondent.