2003 AIR Kant HCR 2040 ::2003 A I H C 3570

Karnataka High Court

Hon'ble Judge(s): A. V. Srinivasa Reddy , J

(A) Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.) Act, (7 of 1991) , S.4C— Karnataka Panchayat Raj Act (14 of 1993) , S.132— Caste - Determination - School documents such as admission register and T.C. - Have high probative value sufficient to provide basis for declaring caste. The entries in the admission register and in the T.C. are made in the ordinary course of the business of the school and therefore they have high probative value, enough to form a rational basis for the inference that the fact so evidenced by these documents can be taken as proved. These entries alone could provide the basis for declaring the status of a person in so far as the caste is concerned as these documents being earliest in point time can be reasonably expected to reveal the true picture. No doubt, in cases where a wrong entry is made by inadvertance of the parents or the candidate himself, it would be open for them to get them corrected later on by resorting to proceedings meant for such alteration of status of caste. Where a subsequent entry relating to the caste of a person is different from the one forthcoming from the entries in the school admission records, it is for the person concerned to show how this change was brought about. In the absence of a suitable explanation from the person concerned, the Courts wou....