SRI. TUKARAM THIMMAPPA MOGER S/O THIMMAPPA LACHAMAYYA MOGER Vs. THE STATE OF KARNATAKA BY ITS SECRETARY TO DEPT. OF SOCIAL WELFARE

JUDGEMENT

(1.) The present petitioner claims that he belongs to Moger Caste which is a scheduled caste. According to him, his caste is shown as Moger in all his school records. He obtained the Caste Certificate from the Tahasildar, Bhatkal, after furnishing necessary information. The certificate was issued to him after due enquiry. Even in his continued education in Bachelor of Engineering as well M.Tech course also he was considered as a student belonging to Moger Caste coming under the Scheduled Caste. He being qualified to be appointed as a lecturer, applied for the said post in the reserved category. He was selected to the said post. The Caste Certificate of the petitioner was sent for issuance of validity certificate to the respondent No.2 - District Caste Verification Committee, U.K. District. The Deputy Commissioner, U.K. District, who is the Chairman of the District Caste Verification Committee, appears to have requested the Addl. Director General of Police ('ADGP', for brevity), Civil Rights Enforcement Directorate, Mangaluru, to hold an enquiry regarding the caste of the petitioner. The said ADGP submitted his report stating that the petitioner does not belong to the Scheduled Caste Mogera. In the background of the said report, the 2nd respondent Committee decided to hold a proceeding on 08.06.2016 and had sent a notice to the present petitioner to appear before it. Accordingly, on 08.06.2016, the petitioner appeared before the District Caste Verification Committee and submitted his written statement to the Committee.

(2.) When the matter stood as above, according to the petitioner, he joined by others preferred writ petitions before this Court in W.P.Nos.103955-975/2018. This Court granted an interim order of stay by its order dated 28.06.2018. According to the petitioner, the said writ petitions are still pending.

(3.) On the other hand, the document at Annexure-F produced in this writ petition, which is the proceedings of the meeting of the District Caste Verification Committee dated 08.06.2016, the order passed in which is challenged in this writ petition, shows that the said District Caste Verification Committee, which got the presence of the petitioner before it on 08.06.2016, has proceeded to pass the order on the very same day on 08.06.2016. However, according to the petitioner, the said order dated 08.06.2016 was communicated to him only on 25.07.2018. The order dated 08.06.2016 passed by the District Verification Committee has directed the Tahasildar, Bhatkal Taluk, to cancel the Moger Scheduled Caste Certificate said to have been obtained by the present petitioner, which according to the District Verification Committee, was due to misconception of facts. It is the said order of the District Verification Committee the petitioner has challenged in this matter.