BENGALURU: The Karnataka High Court ruled that even if Scheduled Tribe certificates are issued to the parents of a person, claiming the benefit of reservation, he/she should get the caste certificate validated so long as the caste certificates of the parents were not validated. “If the caste certificates of the parents have been validated and verified, then there would be no need for the children to get the said certificates validated.
However, in view of Rule 9 of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Rules of 1992, the process of validation of the caste certificate would have to be undergone, when the earlier validity certificate issued in favour of the parents could be placed on record for consideration,” the court said.
Justice Suraj Govindaraj passed the order, while allowing the petition filed by Shravana Kumar D Nayak seeking to quash the order dated February 27, 2024, passed by the Director and Appellate Authority, Scheduled Tribe Welfare Department.
The Appellate Authority held that a candidate, Meenakshi, who was appointed assistant accounts officer by Gescom under the ST category, belongs to Gond and not Kuruba as claimed by the petitioner.
Quashing the order, the court said even if a candidate produces a caste certificate, such a candidate cannot be appointed without the verification of his/her caste certificate and a validity certificate issued by the District Caste Verification Committee.
The court held that the SC/ST caste certificate issued under Section 4A of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990, is not conclusive and there is no presumption of validity attached thereto.