Karnataka High Court imposes ₹2 lakh costs on Caste-Income Committee in favor of a lawyer
In a landmark decision, the Karnataka High Court has imposed exemplary costs of ₹2 lakh on members of a district caste and income verification committee for their arbitrary refusal to issue a caste and income validity certificate to a woman lawyer, Muthulaxmi BN.
The case in question, Muthulaxmi BN v. State of Karnataka and others, revolves around a lawyer selected for the post of Additional Public Prosecutor (APP). However, the district caste and income verification committee in Hassan delayed issuing her a validity certificate, necessary for her appointment. The delay was due to an incorrect application of the law regarding the income criteria for such certificates.
The committee improperly considered Muthulaxmi's husband's income instead of her parents', which is the legal standard for unmarried individuals at the time of selection. The law, as settled by previous judgments of the Apex Court and High Courts, stipulates that only the parents' income should be considered for issuing caste and income certificates, not the spouse's income.
Muthulaxmi approached the Karnataka High Court, challenging the committee's decision. The court, presided by Justice M Nagaprasanna, adjudicated in her favour. The court observed that the committee's actions were a dereliction of duty and a defiance of settled law, causing the petitioner undue delay and hardship.
The court's ruling emphasised that public officials must adhere to the law and not act in ignorance or defiance of legal precedents. It aimed to ensure accountability and prevent similar instances of negligence in the future. The imposition of costs underscored this principle.
Justice Delayed is Justice Dented
The court noted that "justice delayed is justice dented," highlighting the importance of timely and lawful administration of justice. The delay in issuing the certificate had deprived the petitioner of her appointment for about 12 months, causing her significant hardship.
Exemplary Costs Imposed
The court imposed exemplary costs of ₹2 lakh, which must be paid by the committee members personally, not from state funds. This decision was intended to serve as a cautionary measure for public officials, emphasising that negligence or ignorance of the law would not be tolerated.
The State's Attitude Cannot Be Countenanced
The court strongly criticised members of the district income and caste verification committee in Hassan for delaying the issuance of a validity certificate to a woman lawyer. The State's attitude cannot be countenanced, according to the court. The certificate was issued to the lawyer only upon the Court's intervention, which should have been hers by right.
The Karnataka High Court's ruling serves as a cautionary call to all those who hold public office that dereliction cloaked in ignorance shall find no refuge before the Court. The State has again repeated the same mistake by imputing the income of the spouse to determine the backwardness of a woman, and the court emphasised that it is the father's income that is the determining criterion, not the husband's income.
The court ordered the committee members to personally pay exemplary costs of ₹2 lakhs to the lawyer within four weeks for stalling the process of issuing the certificate. The court further emphasised the need for the State to set its house in order and refrain from generating unnecessary litigation.
The case languished in anxious limbo for 12 long months, while others from the same select list stepped into service. Muthulaxmi was forced to knock on bureaucratic doors for relief, with her knuckles bleeding from frustration. The court took exception to the committee finally giving the certificate by stating that it was ordered to do so by the High Court, rather than acknowledging that it was supposed to have issued the certificate in the first place.
Advocate AR Sharadamba represented the petitioner-lawyer, while High Court Government Pleader Spoorthy Hegde represented the respondent-authorities. The ruling underscores the importance of adhering to legal precedents and the timely issuance of caste and income certificates for those who require them.
- Failure to comply with policy-and-legislation, as demonstrated by the district caste and income verification committee, can have severe consequences, as evidenced by the Karnataka High Court's imposition of exemplary costs.
- The frequent delay and improper application of policy-and-legislation, especially in matters of general-news like caste and income validity certificates, highlight the importance of accountable and informed politics in public offices.
