INTRODUCTION
The Karnataka High Court, in a significant ruling clarified the limits of the Civil Rights Enforcement (CRE) Cell’s powers in matters concerning verification of caste certificates. The High Court ordered that the CRE Cell cannot initiate a suo motu investigation into the validity of a caste certificate unless the District Caste Verification Committee (DCVC), formally refers the matter. The judgement brings about the procedural propriety as well as protects the individuals from unauthorized inquiries into their caste status.
BACKGROUND
The case arose out of the proceedings against T.H. Hosamani ( T.H. Hosamani v. State of Karnataka & Ors.) Writ Petition No. 109449 OF 2017 (GM-CC), an assistant teacher appointed under the Scheduled Caste quota based on a Bhovi Caste certificate. A tahsildar lodged a complaint against a CRE Cell in 2007 alleging that Hosamani actually belonged to the Gangamata Community and not Scheduled Caste. The CRE Cell, acting on this complaint, started a suo moto inquiry through its DSP and thereafter, recommended the cancellation of the certificate. Based on this, the District Caste Verification Committee (DCVC) proceeded to cancel the certificate, and a criminal case was also registered. Hosamani, challenged the process arguing that the CRE Cell lacked jurisdiction to act without a reference from the DCVC as required under Rule 7(4) of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, Etc.,), Rules, 1992.
KEY POINTS
The Court ordered that, CRE Cell cannot start an investigation by its own. As per Rule 7(4) of the 1992 Rules, the CRE Cell is given the power only to act when the DCVC sends a formal reference for an investigation. A mere complaint from a tahsildar or other authorities does not trigger its jurisdiction.
The Court as well stressed that verification of caste certificate must strictly be in compliance with the statutory framework, as it has a very serious implication for the constitutional rights relating to reservations, equality, and livelihood.
The Court observed that since, the CRE Cell acted without a proper referral, all consequential action including the investigation report, recommendation for cancellation, DCVC cancellation order and the criminal case declared unsustainable.
RECENT DEVELOPMENTS
The ruling inclines with the broader judicial arena ensuring that the caste verification process follow due process. The Courts in several states have consistently emphasized that any unauthorized or unilateral investigations into caste claims violates fair procedure.
A similar case involves, Kumari Madhuri Patil v. Addl. Commissioner (1994) 6 SCC 241, where the Apex Court laid down some guidelines, to scrutinize caste certificates, mandating structured procedures as well as specialized committees.
CONCLUSION
The Karnataka High Court’s observation and ruling enforces the necessity for procedural discipline in the verification and cancellation of caste certificates matters. By holding that the CRE Cell has no power to initiate suo motu investigations, the Court ensured that the people are protected from any kind of arbitrary inquiries and the statutory bodies act only within the bounds of law. The judgement promotes fairness, adherence as well as transparency to establish process in matters of significant social and constitutional impact.
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WRITTEN BY- SOUMITA CHAKRABORTY
