Case Note & Summary
The petitioner, Prabhu Ramesh Haveri, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwad Bench, challenging two orders: an order of August 2018 passed by the Deputy Commissioner (Respondent No.2) cancelling his caste certificate, and an appellate order dated 18th October 2021 passed by the Commissioner for Social Welfare (Respondent No.1) dismissing his appeal. The petitioner, employed as SA-Grade-II in KPTCL at Ranebennur, had been issued a caste certificate recognizing him as belonging to a Scheduled Tribe. The Deputy Commissioner cancelled the certificate without issuing any notice or affording an opportunity of hearing to the petitioner. The appellate authority also dismissed the appeal without proper consideration. The petitioner contended that the orders were passed in gross violation of principles of natural justice and the provisions of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of) Caste Certificates Act, 2000. The respondents argued that the cancellation was based on a verification report. The High Court, after hearing both sides, found that the impugned orders were passed without any notice or opportunity of hearing to the petitioner, which is a fundamental violation of natural justice. The court held that the orders are unsustainable and liable to be quashed. Consequently, the writ petition was allowed, the impugned orders were set aside, and the matter was remitted back to the Deputy Commissioner for fresh consideration in accordance with law, after affording an opportunity of hearing to the petitioner.
Headnote
A) Constitutional Law - Writ Jurisdiction - Certiorari - Quashing of orders - Petitioner challenged cancellation of caste certificate - Court held that orders passed without notice and opportunity of hearing violate principles of natural justice - Orders set aside and matter remitted for fresh consideration (Paras 1-10). B) Caste Certificate - Scheduled Tribe - Cancellation - Procedure - Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of) Caste Certificates Act, 2000 - Cancellation without following statutory procedure and without affording opportunity of hearing is illegal - Held that the impugned orders are unsustainable (Paras 2-10).
Issue of Consideration
Whether the impugned orders cancelling the petitioner's caste certificate are sustainable in law, particularly when passed without affording an opportunity of hearing and without proper inquiry.
Final Decision
The writ petition is allowed. The impugned order dated August 2018 passed by the Deputy Commissioner and the order dated 18th October 2021 passed by the Commissioner for Social Welfare are quashed. The matter is remitted back to the Deputy Commissioner for fresh consideration in accordance with law, after affording an opportunity of hearing to the petitioner.
Law Points
- Natural justice
- Caste certificate cancellation
- Opportunity of hearing
- Scheduled Tribe
- Karnataka Scheduled Castes
- Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of) Caste Certificates Act
- 2000
