SANGAPPA S/O HASANAPPA MALENNAVAR Vs. COMMISSIONER FOR BACKWARD CLASSES DEPARTMENT AND APPELLATE AUTHORITY FOR VERIFICATION OF CASTE AND INCOME CERTIFICATE

JUDGEMENT

(1.) The relief claimed by the petitioner is for issuance of writ of certiorari or any other appropriate writ for quashing the order Annexure-D dated 23.1.2006 in No.BC/MASHA-1/CR-35/05-06 passed by the first respondent, the Commissioner for Backward Classes Department and Appellate Authority for Verification of Caste & Income Certificate.

(2.) The respondent No.4 who preferred an appeal before the first respondent, the appellate authority under Section 4-D of the Karnataka Scheduled Castes and Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc., ) Act, 1990, hereinafter referred to as 'the Act' for short and he challenged the issuance of validation certificate bearing No.BCM/JA.A.PA:R:98:05-06 dated 21.10.2005 issued by the Deputy Commissioner and Chairman, District Caste and Income Verification Committee, Bagalkot for reservation benefit under category 2A and petitioner availed the said benefit for the post of Gazetted Probationers Group-A and B called for by the Karnataka Public Service Commission. The first respondent by the order dated 23.1.2006 allowed the appeal and the certificate issued by the Income and Caste Verification Committee, Bagalkot dated 21.10.2005 in favour of the petitioner has been set aside and further directed to launch criminal prosecution against the petitioner. Being aggrieved of which, the present writ petition is filed.

(3.) The petitioner stated that he belonged to Ganiga Caste and he had applied for issuance of caste certificate to the competent authority. The competent authority, the Tahsildar, Bagalkot after verification of the matter as required under the provisions of the Act, issued caste certificate certifying that the petitioner belongs to Ganiga Caste for the purpose of reservation benefit under Group 2A. On the basis of the said certificate, the petitioner had applied for Gazetted Group-A and B 1999 examination conducted by the KPSC and he had claimed reservation under Category 2-A on the basis of the certificate issued by the Tahsildar, Bagalkot. After successful completion of the written examination and also vio-voce, he got selected for the aforesaid probationer post and thereafter the Karnataka Public Service Commission forwarded his caste certificate to the District Caste and Income Verification Committee, Respondent No.2 herein, who is its Chairman for verification. The Committee issued notice to the petitioner directing him to produce required documents and also held enquiry as to the correctness of the certificate issued by the Tahsildar. The Caste and Income Verification Committee has issued validity certificate in favour of the petitioner. The Public Service Commission published provisional and final list in which the petitioner got selected at Serial No.15 for the post of Assistant Commissioner.