LAWS(KAR)-2017-7-111

J. SRIDEVI Vs. DEPARTMENT OF PUBLIC INSTRUCTIONS

Decided On July 05, 2017
J. Sridevi Appellant
V/S
Department Of Public Instructions Respondents

JUDGEMENT

(1.) The petitioner-plaintiff filed suit in O.S.No.5763/2013 seeking declaration that she belongs to Soligaru Castes which is Scheduled Tribes and consequently to direct defendants-respondents to incorporate her caste as Soligaru Caste in her school records and to rectify the mistake appearing in the records.

(2.) The learned counsel for the petitioner submits that the petitioner has filed a suit to declare that she belongs to Soligaru Caste. In support of his case, the learned counsel for the petitioner relied upon the caste certificate issued by the Competent Authority. The Tahsildar, North Bangalore Taluk has issued caste certificate of the father of the petitioner as per Ex.P1, caste certificates of petitioner's sisters as per Exs.P4 and P5 and the caste certificate of petitioner himself as per Ex.P3. The petitioner has been examined as PW-1. It is the specific case of the petitioner that she belongs to Soligaru Caste which is classified as ST for the purpose of reservation. The Competent Authority has also issued caste certificate of parents and sisters of the petitioner declaring their caste as Soligaru, but in the Transfer Certificate the school authorities have wrongly mentioned the caste of the petitioner as Shooligaru.

(3.) It is further submitted that in the caste certificate at the relevant column the caste of the petitioner has been shown as Shooligaru, but in order to rectify the same, the petitioner made a request by way of representation to the third respondent-School, but the same has been rejected. Hence, the suit was filed for declaration of her caste as Soligaru.