Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Karnataka Scheduled Castes 1990 Schedule Tribes and Other Backward Classes (Reservation of Appointments etc.) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Karnataka Scheduled Castes, Schedule Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 – Karnataka Scheduled Castes, Schedule Tribes and Other Backward Classes (Reservation of Appointment, etc.) Rules, 1992 – r. 7 – Single Judge dismissed the writ petition filed by respondent no.1 claiming the benefit of reservation for Other Backward Classes as a member of the ‘Ganiga’ caste – Order set aside by Division Bench – Correctness of – Held: Division Bench observed that the Single Judge also accepted that the caste of the Respondent might be Lingayat-Ganiga but erred in arriving at the finding that Lingayat-Ganiga could not be construed Hindu Ganiga – It found that the finding of the Single Judge that Hindu-Ganiga and Lingayat-Ganiga were two different castes was not acceptable – A Lingayat is also a Hindu – Also, materials on record show the caste of the forefather and relatives of the Respondent No.1 as ‘Ganiger’ or ‘Ganiga’ – ‘Ganiger’ is a variant of the word ‘Ganiga’ found in north Karnataka region – Further, even if the Caste Certificate and the Validity Certificate are ignored, there are materials including a pre-constitution registered sale deed of the Respondent No.1’s grandfather showing his caste was ‘Ganiga’ – The document is relevant, it proves the caste of the Respondent No.1 to be ‘Ganiga’ – No ground to interfere with the well reasoned judgment of the Division Bench. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2022 INSC 769 |
Petitioner | M. V Chandrakanth |
Respondent | Sangapppa & Ors |
SCR | [2022] 17 S.C.R. 222 |
Judgement Date | 2022-07-29 |
Case Number | 4963 |
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