AIR 2022 SC 3519 ::AIROnline 2022 SC 1155 ::2022 (238) All Ind Cas (SOC) 7 (SC) ::2022 (3) SCT 611 ::2022 SCC OnLine SC 934 ::2022 (6) Serv LR 1 ::AIR 2022 SC (Civ) 2238 ::2022 (17) SCR 222

Supreme Court Of India

Hon'ble Judge(s): Indira Banerjee, J.k. Maheshwari , JJ

Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc.) Act (7 of 1991) , S.4A— Caste certificate - Invalidation of - On ground that respondent claiming to be of Ganiga sub-caste, but his father belonged to Lingayat' caste - Mere fact that caste of father of petitioner is not mentioned in his school records, or elsewhere, would not mean that he would have to be treated as non-Ganiga by caste - More so when materials including pre-constitution registered sale deed of grandfather of respondent showing his caste was 'Ganiga' available. In the present case appellant was challenging caste certificate certifying respondent that he belonged to the Ganiga sub-caste on ground that father of respondent belonged to 'Lingayat' caste whereas respondent claimed the benefit of reservation under Category II-A of the Reservation Policy claiming that he belonged to the 'Ganiga' caste. Division Bench analysed the facts of the case but found that reservation to backward classes had not been introduced when father of the respondent had been admitted to school in 1953. This could be the reason why the caste was not entered in the school records of the father of respondent where only 'Lingayat' was mentioned but in the case of the respondent, the caste was mentioned as 'Hindu-Ganiga'. Held, petitioner belonged to 'Ganiga' caste. ....