Only aggrieved person can challenge caste, income certificates: HC

The High Court has said that only an aggrieved person can file an appeal before the assistant commissioner in matters related to issuance of caste and income certificates.

A division bench headed by Justice B V Nagarathna passed this order in the case of a Kannada teacher whose caste certificate was cancelled acting on a complaint by a person not aggrieved by the issuance of the certificate.

The authorities had cancelled the caste certificate of B R Gopamma repeatedly, a few years prior to her superannuation from service.

The proceedings on the question of the caste certificate began in 2011 when one R S Mahadev filed a complaint.

He said Gopamma had obtained the Scheduled Caste certificate by making false averments and was also appointed as a Kannada teacher on that basis.

Gopamma challenged the 2015 order, cancelling her caste certificate. A single judge bench on March 26, 2019 upheld her plea and directed for the release of terminal benefits.

However, the single judge held that she is not entitled to claim the benefit of SC status in future. Mahadev moved an appeal against this order.

The division bench said that section 4-B of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Act, 1990 stipulates that only a person aggrieved by an order issued by the tahsildar under section 4-A can file appeal and not otherwise.

The court pointed out Mahadev has not made out a case as to how he was aggrieved by issuance of a caste certificate in favour of Gopamma as he had not applied for the post of Kannada teacher.

The bench upheld the single judge's direction and said that Gopamma cannot claim the benefit of scheduled caste in future.

Background

Gopamma, who is said to be a Vokkaliga, was issued a SC caste certificate after she married one Govindaiah, who belonged to SC category. She was appointed a Kannada teacher at JSS high school in Mysuru in November 1979, on the basis of the caste certificate.

The division bench noted that as on the date when the caste certificate was issued to Gopamma, the Supreme Court decision in the N E Horo case was holding the field.

It was held in that order that a non-tribal woman would be considered as belonging to the tribe when she marries a tribal man and the same is accepted by elders of the tribal community.