Caste Certificate Cannot Be Construed As China Wall Against Fraudulent Claims, Can Be Rescinded By Jurisdictional Authorities: Karnataka High Court
The Karnataka High Court held that Caste certificate cannot be construed as a China Wall that prevents any action being taken. Caste certificate secured by playing fraud can be rescinded in an appropriate proceeding.
In the intra Court appeal, a Single Judge's order in the appellant's Writ Petition was challenged. The order quashed an inquiry into the appellant's social status, citing the issuance of a Validity Certificate by the District Verification Committee. The appellant was content with the annulment of the inquiry but objected to the part of the order reserving the right for a future inquiry "in the event of any irregularity in the caste of the petitioner, this order will not come in the way of any action that may be initiated in accordance with law."
A Division Bench of Chief Justice Prasanna B. Varale and Justice Krishna S Dixit held that, “If a certificate of social status is secured by playing fraud, the same can be rescinded in an appropriate proceeding by the jurisdictional authorities. Therefore, the Validity Certificate cannot be construed as a China Wall that prevents any action being taken.”
Advocate R G Hegde appeared for the Appellant and Advocate Niloufer Akbar appeared for the Respondents.
The appellant's counsel argued that such liberty should not have been granted, while the Additional Government Advocate representing the respondents maintained that authorities have discretion to initiate action under the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Act, 1990, and its related rules, even without such explicit reservation.
After hearing both parties and reviewing the appeal documents, the Court declined to interfere in the matter, agreeing with the Additional Government Advocate's stance.
The Court noted that, “Wherever a certificate of social status is obtained in violation of law or by playing fraud or is granted by mistake, ordinarily proceedings are permissible under the provisions of the 1990 Act and the Rules promulgated thereunder, subject to all just exceptions. Learned Single Judge keeping this mind has rightly reserved liberty to the Authorities concerned.”
In light of these considerations, the appeal was found to lack merit and was dismissed, with costs being awarded to the respondents.
Cause Title: Satish Choudappa Honnali v. The State of Karnataka & Ors., [2023:KHC:33329-DB]
Click here to read/download Order
