MALLIKARJUN S/O SHESHAPPA Vs. DIRECTOR

JUDGEMENT

(1.) The petitioner filed this writ petition for writ of certiorari to quash the impugned order passed by the respondent No.1 canceling the caste certificate of the petitioner in file No.DSTW/CR.8/204-05 dated 14.02.2011 as per Annexure-K.

(2.) It is the case of the petitioner that he is the permanent resident of Kurubkhelagi in Bhalki Taluka and studied in Bajewalga in Government Lower Primary School till 01.06.1979. In the year 1975 when he was admitted in the school for the first time, the father of the applicant who was an illiterate had instructed to fill the admission form, wherein the relation of the Nationality, Religion and Caste of the petitioner was shown as Indian Hindu Dhangar Gond. After completion of IVth standard in the said school, while issuing the Transfer Certificate, the school authorities have shown the Nationality, Religion and Caste of the petitioner as Indian Hindu Kurub Gond. There are good number of families belonging to Gond Community in Kurubkhelagi village and as many as 15 houses of the relatives of the petitioner are there in the village and they called Kurubas. The Genealogy issued by competent authority is produced at Annexure-C.

(3.) It is further case of the petitioner that according to family tree one Sangappa s/o Rudrappa Biradar was the common ancestor who had three sons and four daughters. The son of one of his sons Sheshappa viz., Ashok s/o Sheshappa Biradar is an employee as a Research Assistant in Karnataka State Sericulture Research and Development Institute. His employment is also based on the caste certificate issued by the competent authority stating that he belonged to Gonda community and entered in his Service Register as per Annexure-D. It is further case of the petitioner that younger brother of petitioner viz., Shivashankar s/o Sheshappa had been studying in LPS Bajewalga and his school records shown his caste and religion as Hindu Gonda. The certificate issued by Lower Primary School Bajewalga pertaining to his younger brother as per Annexure-E. In the year 2003 the petitioner applied for direct recruitment of FDAs conducted by Deputy Commissioner Bidar. Petitioner having secured the maximum marks in the test conducted in the selection who was appointed as an FDA under the Schedule Tribe category in preference to one Basawaraj Manik- respondent No.4 herein. Order of appointment produced at Annexure-G.