Civil Rights Enforcement Cell Doesn’t Have Power To Take Up Suo Motu Investigation Into Caste Certificate’s Validity: Karnataka High Court

The Karnataka High Court held that the Civil Rights Enforcement Cell does not have the power to take up suo motu investigation into the validity of the caste certificate.

The Dharwad Bench held thus in a Writ Petition seeking to call for records relating to the issue of the Order passed by the District Social Welfare Officer and the proceedings of the meeting passed by the Deputy Commissioner together with the Order of the Commissioner.

A Single Bench of Justice M. Nagaprasanna observed, “On a coalesce of the afore-quoted judgments of the Division Benches and of the Co-ordinate Bench of this Court, what would unmistakably emerge is that, the Civil Rights Enforcement Cell does not have the power to take up suo motu investigation into the caste certificate of the petitioner.”

Advocates Vijaykumar Bajantri and G.K. Hiregoudar appeared on behalf of the Petitioner, while Advocate C. Jagadish appeared on behalf of the Respondents.

Brief Facts

The Petitioner was appointed as an Assistant Teacher in Harohalli Vidya Samste, an aided institution, against an aided post. He secured the employment on the strength of a caste certificate depicting him to be belonging to Bhovi caste. He submitted the caste certificate that was in his possession, which depicted him to be belonging to the Bhovi caste, for securing promotion to the post of Headmaster, notified as Scheduled Caste. He was then promoted as the Headmaster against a post reserved for Scheduled Caste/Scheduled Tribe (SC/ST) and the same was approved by the competent authority. In July 2007, a complaint was filed by the Tahasildar before the Civil Rights Enforcement Cell, alleging that the Petitioner had obtained a false caste certificate stating that he belongs to Scheduled Caste-Bhovi, though he belonged to Gangamata community.

On the said complaint, the Cell suo motu instituted proceedings on the complaint and directed investigation into the matter at the hands of the Deputy Superintendent of Police (DSP) of the Cell. It was alleged that the investigation was conducted without notifying the Petitioner and the result of the investigation was the direction to the District Caste Verification Committee to initiate proceedings towards cancellation of the caste certificate. In the interregnum, the Petitioner retired on attaining the age of superannuation and filed an Appeal. The caste certificate of the Petitioner stood cancelled and a crime was registered. Hence, the case was before the High Court.

Reasoning

The High Court in view of the above facts, said, “The statute is unambiguous with regard to the power of the Civil Rights Enforcement Cell emerging only upon a reference being made by the District Caste Verification Committee. Therefore, the proceedings that have now emerged from the hands of the Civil Rights Enforcement Cell and all action in its aftermath would become a nullity in law.”

The Court noted that the very foundation for all the impugned action is the action of the Civil Rights Enforcement Cell and if such foundation is contrary to law, the superstructure built upon such foundation would necessarily tumble down.

“The terminal benefits of the petitioner, if they have been withheld on the strength of the aforesaid orders, shall be released without brooking any delay”, it directed.

The Court clarified that the subject caste certificate shall not be used by any family members of the Petitioner for any benefit to claim that they belong to Scheduled Caste or Scheduled Tribe, in the peculiar facts of the case.

“The terminal benefits shall be released within four weeks from the date of receipt of a copy of this order”, it ordered and concluded.

Accordingly, the High Court allowed the Writ Petition and obliterated the impugned Orders.

Cause Title- T.H. Hosamani v. State of Karnataka & Ors. (Neutral Citation: 2025:KHC-D:15821)

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