Vijay Baidyanamane S/O. Suresh Baidyanamane vs District Social Welfare Officer

-1- NC: 2024:KHC-D:2372 WP No. 71349 of 2012

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 2ND DAY OF FEBRUARY, 2024

BEFORE

THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

WRIT PETITION NO. 71349 OF 2012 (S-KSRTC)

BETWEEN:

VIJAY BAIDYANAMANE S/O. SURESH BAIDYANAMANE, AGED ABOUT 30 YEARS, OCC: WORKING ARTISAN IN K.S.R.T.C., R/O. MUNDALI, TQ: BATAKL, DIST: UTTAR KANNADA-581320. ... PETITIONER (BY SRI. RAVI HEGDE, ADVOCATE)

AND:

1. DISTRICT SOCIAL WELFARE OFFICER, UTTAR KANNADA DISTRICT, KARWAR. 2. TALUKA SOCIAL WELFARE OFFICER, Digitally signed by BHATKAL TALUKA, BHATKAL, MANJANNA MANJANNA E E Date: DIST: UTTAR KANNADA. 2024.02.06 11:23:30 +0530 3. THE DIVISIONAL CONTROLLER, K.S.R.T.C., PUTTUR DIVISION, B.C. ROAD DEPOT, MANGALORE. ... RESPONDENTS (BY SRI. BHOJEGOUDA T. KOLLER, AGA FOR R1 & R2; SRI. S.S. BADAWADAGI, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE 1ST AND 2ND RESPONDENTS TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER DATED 29.07.2010 (23.07.2010) AND 11.10.2012 VIDE ANNEXURE-E & F AND DIRECT THEM TO AUTHENTICATE THE CASTE CERTIFICATE AFTER DUE ENQUIRY AND ETC. -2- NC: 2024:KHC-D:2372 WP No. 71349 of 2012

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

1. The petitioner is seeking for a direction to

respondent Nos.1 & 2 to consider his representations dated

29.07.2010 and 11.10.2012 and to direct them to

authenticate the caste certificate issued in favour of the

petitioner. The petitioner is also seeking for quashing of the

show cause notice, dated 01.10.2012 (Annexure-C).

2. The petitioner was appointed as an Artisan on

13.03.2009, by the respondent - Corporation. The caste

certificate sent by the Corporation for validation was not

responded to despite the request made by the Corporation

as well as by the petitioner.

3. The Corporation therefore proceeded to issue a

show cause notice, calling upon the petitioner to produce the

validation certification, failing which they would take action

for canceling his appointment. The petitioner has thereafter

approached respondent Nos.1 & 2 requesting them to -3- NC: 2024:KHC-D:2372 WP No. 71349 of 2012

authenticate the caste certificate but since no action has

been taken, the present petition has been filed.

4. Learned counsel for the petitioner submits that as

a matter of fact authentication of the caste certificate would

not be necessary, in view of the Division Bench ruling of this

Court in W.P.No.11756/2010, passed on 29.06.2011.

5. It is the case of the petitioner that there was a

controversy as to whether the persons belonging to the

Moger caste in the State of Karnataka were a Schedule

Caste. The Division Bench after considering the matter

extensively recorded a clear finding that Moger caste was

indeed a Schedule Caste for the State of Karnataka and

persons belonging to the Moger caste residing throughout

the State of Karnataka would have be treated as Schedule

Caste.

6. It is therefore submitted that the doubt as to

whether the persons belonging to Moger caste, such as the

petitioner belonging to Schedule Caste, was brought to rest

by this decision -4- NC: 2024:KHC-D:2372 WP No. 71349 of 2012

7. It is also contended that the State of Karnataka in

fact challenged the order passed by the Division Bench by

filing an SLP before the Supreme Court in SLP

No.36462/2011 and during the pendency of the said

proceedings, the National Commission for Schedule Caste

and Schedule Tribe took a decision that by virtue of the

Presidential Order 1950 and the Schedule Caste and

Schedule Tribes' orders Amendment Act, 1976, the moger

caste was notified as Schedule Caste in the list of Schedule

Caste for State of Karnataka and the decision rendered by

the Division Bench on 29.06.2011 should be implemented.

8. Learned counsel submits that in view of the said

decision of the National Commission for Schedule Caste, the

SLP was disposed off by taking note of the decision of the

National Commission.

9. It is therefore clear from the above, that by virtue

of the decision of the Division Bench the persons belonging

to Moger caste will have to be considered as persons

belonging to Schedule Caste. The respondents are therefore -5- NC: 2024:KHC-D:2372 WP No. 71349 of 2012

directed to act in accordance with the decision rendered by

the Division Bench in W.P. No.11756/2010 and issue a

validation certificate to the petitioner within a period of one

month from the date of receipt of certified copy of this order.

10. The respondents shall also furnish a copy of the

validation certificate to the third respondent and the third

respondent shall thereafter take steps to confirm the

appointment of the petitioner. The writ petition is therefore

disposed off.

11. The interim order granted by this Court shall

continue till the above exercise shall be undertaken and

completed.

Sd/-

JUDGE

VNP*/CT:BCK List No.: 1 Sl No.: 56