LAWS(KAR)-2009-12-23

KALAVATHI S NERGI Vs. DISTRICT COMMISSIONER UDUPI

Decided On December 04, 2009
KALAVATHI S. NERGI Appellant
V/S
DISTRICT COMMISSIONER, UDUPI Respondents

JUDGEMENT

(1.) Heard the Counsel for the parties.

(2.) The facts leading up to these appeals are as follows: The appellant in the first of these appeals is a Banajiga Naidu by birth. She married one Shankar Nergi, in the year 1977, who belonged to the Adi Dravida community, which is a Scheduled Caste. It is recognised as such by the State Government of Karnataka. On the basis of her marital status, the appellant claiming to belong to the caste of her husband, had sought for a Caste Certificate from the Tahsildar, Udupi and such a certificate dated 30.7.1977 was issued in her favour. She had secured employment on the basis of the said certificate with the New India Assurance Company, represented by the third respondent herein.

(3.) It however, transpires that on the basis of a report submitted by the Civil Rights Enforcement Cell of the office of the District Commissioner. District Caste Verification Committee, Udupi, the said authority had, by an order dated 25.8.2003, cancelled the Caste Certificate issued by the Tahsildar, Udupi of the year 1977 and thereby terminated the Scheduled Caste status given to the appellant.