DC is not the authority to verify caste certificate: HC

NT Correspondent

Bengaluru: Setting aside the order of a Deputy Commissioner, the High Court of Karnataka has said that the Caste Verification Committee has to deal with a dispute related to a caste certificate.

“Any dispute relating to the issuance of the caste certificate would have to be dealt with by the Caste Verification Committee, which is the authority designated to do so. Thus, insofar as the aspect relating to the validity or otherwise of the caste certificate, the matter would have to be referred to the Caste Verification Committee,” Justice Suraj Govindaraj said in his recent judgement.

The HC was hearing a petition filed by Chaitra, a 33-year-old resident of Gubbi, Tumakuru. She was elected to the Gram Panchayat from Lingammanahalli-1 from one of the seats reserved for Category-B Woman (BCB-Woman).

One Ashamani KM was elected from Doddakunnala from general (unreserved) category in 2020.

During the election for the post of ‘Adyaksha’ and ‘Upadhyaksha’ earlier this year, Ashamani is said to have obtained a certificate as belonging to the BCB-Woman category and contested for the post of Adhyaksha which was reserved for BCB-Woman.

Following a complaint by Chaitra, the Assistant Commissioner had prohibited Ashamani from contesting the election. Ashamani had then approached the Deputy Commissioner who stayed the order of the Assistant Commissioner and permitted her to contest the election and passed an order on August 9, 2023.

Ashamani won the election, which Chaitra challenged. The change in category was held to be permissible, which was challenged by Chaitra in the petition filed before the High Court.

The HC held that “when a person is elected under a general category to a Gram Panchayat, he/she can at a later point of time contest for the post of Adhyaksha and Upadhyaksha in the reserved category so long as that person belongs to such reserved category.”

Though allowing Ashamani to contest the election was held right, the HC said that the DC determining the validity of her caste certificate was illegal.

“The Deputy Commissioner in the present matter while dealing with the above aspect as also challenge made to the Caste Certificate has virtually pronounced on the validity of the Caste Certificate which the Deputy Commissioner ought not to have done so since he does not have the jurisdiction or the authority to do so,” the HC said.

The HC ordered that the caste certificate of Ashamani be referred to a Caste Verification Committee and the result of the election would be subject to the outcome of the verification. (WP 18346/2023)