
Employer can’t verify employee’s caste status: Karnataka HC, ETEducation
Bengaluru: Karnataka HC has ruled an employer does not have the authority to verify the caste status of an employee and such powers rest only with district caste verification committee.
Justice M Nagaprasanna of HC’s Dharwad bench delivered the ruling in a case filed by Raju, a fire station officer appointed under OBC-I category. His caste, Talawar, was reclassified under Scheduled Tribe after an amendment in March 2020.
Consequently, state govt, by order dated Oct 29, 2022, removed Talawar caste from the OBC list and Raju was granted promotion as he belonged to a Scheduled Tribe community.
The regional fire officer, on Jan 29, issued a notice to Raju, summoning him for an enquiry into his appointment under OBC reservation. Raju challenged the notice, arguing his employer had no jurisdiction to enquire about his caste status.
Justice Nagaprasanna said fire department was not empowered to probe into the caste status of any employee under Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc) Act, 1990.
Only district caste verification committee can determine the caste status as it is the settled principle of law laid down by a plethora of judgments, HC said while allowing the petition.
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