BENGALURU: The Karnataka High Court declared that classification of Balajiga/Banajiga community for employment purpose being different from educational purpose is discriminatory, illegal and violative of Article 14 of the Constitution. The court directed the state government to reclassify the Balajiga/Banajiga community as Group B for educational purpose, and retain the classification as Group B for employment purpose, and not as Group D.
Allowing the petition filed by V Sumitra, a resident of Gejjalamatta village in Kollegal taluk of Mysuru district, Justice Suraj Govindaraj directed the state government to reclassify the Balajiga/Banajiga community under Article 16(4) as Group B instead of Group D.
“It is declared that the petitioner belonging to Balagiga/Banajiga community would be entitled to reservation for employment under Group B, and as such her employment as a primary school teacher is directed to be continued by availing such benefit,” the court said.
The court stated that a particular community cannot be classified differently for educational and employment purposes, and quashed the order dated April 8, 1996, passed by the Caste and Income Verification Committee, and the order dated June 15, 1999, by the Appellate Authority in the petitioner’s case.
The petitioner, who belongs to the Balajiga/Banajiga community, after being selected as teacher in a primary school, obtained a certificate from the tahsildar that she belongs to Group B category.
After obtaining a provisional appointment letter dated January 17, 1993, the petitioner continued to render services. In February 1996, she received a notice alleging that for purpose of employment, she would belong to Group D and not Group B, and that the caste certificate issued was not proper or applicable for reservation.
The Caste and Income Verification Committee cancelled the caste certificate in April 1996. Therefore, her case was not considered by the Administrative Tribunal, prompting her to move the high court in 2013 against the tribunal order.