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Judgment
A.N. Venugopala Gowda, J.—Petitioners are the children of H. Sugunachari and Smt. Suvanamma. Parents of the petitioners are Government servants, working as Assistant Teachers in the Department of Education. They belong to ''Vishwakarma Community'', which falls in II-A category. For the education purpose of the petitioners, their father, based on his income, obtained II-A certificates dated 16.09.2002 and 09.05.2005 from the Tahsildar, Hassan Taluk. Based on the said certificates, the petitioners got reservation seats for studying BAMS Course. Both the petitioners have completed the said course. One G.S. Nagappachari, retired pharmacist and maternal uncle of the petitioners, i.e., brother of the petitioners'' mother, submitted a complaint dated 24.12.2010 to the Tahsildar, Hassan Taluk, in the matter of falsely obtaining of II-A certificates, by furnishing false income by the petitioners'' parents and requested cancellation of the said II-A certificates. As per the instruction of the Tahsildar, Revenue Inspector, Kasaba Hobli, Hassan Taluk, issued a notice on 21.04.2011, to the petitioners'' father i.e., for having obtained II-A certificates though being Government servants, the annual income being more than Rs. 2,00,000/-. Petitioners'' father having submitted a reply dated 25.04.2011, the Tahsildar, Hassan Taluk-2nd respondent, issued a notice dated 22.06.2011, to the petitioners'' father, in the matter of obtaining of said certificates, based on which, the petitioners'' father had got admission to both the petitioners to the BAMS course, in the Mysore Ayurvedic College. Petitioners'' father submitted a reply dated 08.07.2011, whereafter, the 2nd respondent served a notice dated 07.10.2011 on the petitioners'' father, to appear and submit the records. Petitioners'' father did not appear, but got sent a reply through his advocate. The 2nd respondent having found that the annual income of the petitioners'' parents is Rs. 2,51,412/- and in view of the Government order dated 30.03.2002, the income should be less than Rs. 2,00,000/- for obtaining of II-A certificate, finding that the petitioners'' father had obtained II-A certificates by furnishing false information, by separate orders dated 09.12.2011, vide Annexures-A and B, both the said certificates were cancelled. Assailing the said orders, at Annexures-A and B, this writ petition has been filed.
In justification of the impugned order, respondents filed statement of objections. It has been stated that without disclosing the employment and income of the petitioners'' mother, the petitioners'' father had obtained the II-A certificates, as at Annexures-C and D and when the fraud played in the matter of obtaining the said certificates came to light, on account of the complaint submitted by Sri Nagappachari, after issue of notices and granting reasonable opportunity to the petitioners'' father, the 2nd respondent passed the orders, as at Annexures-A and B.
On 21.11.2013, after filing of the counter on behalf of the respondents, arguments of learned advocates on both the sides were heard.
Sri S.G. Pandit, learned advocate for the petitioners submitted that the petitioners having completed their BAMS course, are not employed anywhere and that both the petitioners would not make use of the certificates vide Annexures-C and D any more and that they will not claim in future any benefit on the basis of the respective II-A certificates issued, even in respect of their children. Learned counsel took time on 21.11.2013, to file separate affidavits and undertakings of the petitioners with regard to the petitioners not being employed and they not seeking any reservation benefit either for admission in education institutions or for employment.
On 24.11.2013, separate affidavits of the petitioners have been filed. The petitioners have stated that they being housewives, are not employed anywhere and have undertaken not to make use of respective II-A certificates issued by the 2nd respondent any more and have further undertaken not to claim benefit of the said certificate/s to their children also. It has been further stated that the currency of the respective certificate/s issued vide Annexures-C and D has expired.
Sri S.G. Pandit, learned advocate submitted that the petitioners having completed their education by paying the fees on par with other students in the general merit category, appropriate order may be passed.
Learned Government advocate on the other hand submitted that in view of the petitioners'' statement that they are not employed and that they will not make use of the respective certificates vide Annexures-C and D any more and in future they would not claim any benefit of the said certificates to their respective children, there is no need for the petitioners to question the impugned orders.
In the light of the aforesaid submissions of learned advocate for the parties, perused the record of the writ petitions.
Petitioners'' father obtained II-A certificates on 16.09.2002 and 09.05.2005 vide Annexures-C and D respectively. Undisputedly, at the time of obtaining of the said certificates, the petitioners'' father has not disclosed the employment of his wife and her income. By merely showing his occupation and income, the said certificates were obtained from the 2nd respondent. Petitioners do not dispute the fact that the annual income of the petitioners'' parents at the relevant point of time was Rs. 2,51,412/-.
A complaint having been received from Nagappachari, after issue of notice to the petitioners'' father, who had obtained Annexures-C and D and after providing reasonable opportunity to the petitioners'' father, the 2nd respondent has passed separate cancellation orders dated 09.12.2011, vide Annexures-A and B. The orders, as at Annexures-A and B, are detailed orders with cogent reasons for the conclusions arrived at. There is no arbitrariness much less violation of principles of natural justice.
The 2nd respondent having not been furnished with full particulars by the petitioners'' father, at the time of obtaining certificates vide Annexures-C and D and in view of the complaint of Sri Nagappachari, who is none other than the brother of the petitioners'' mother and maternal uncle of the petitioners, enquiry having been held, the facts noticed in para 10 supra, the 2nd respondent is justified in passing the orders, as at Annexures-A and B.
Obtaining of the certificates, as at Annexures-A and B, without disclosing the petitioners'' mother''s salary income, being on account of suppression of material fact by the petitioners'' father, I don not find any justification to interfere with the impugned orders.
The petitioners having joined BAMS course, have completed the course and their results have been declared. Petitioners have undertaken not to claim the benefit of II-A certificates either for future admissions into education institutions or for obtaining of any employment. They have also undertaken not to claim the benefit of the said certificates, on the basis of which they obtained BAMS certificates, in future, even for their children''s education etc. Petitioners are directed to abide by their undertakings. In default, they shall be liable for prosecution. In the circumstances, matter has to be given a quietus by the respondents.
In the result, the writ petitions are dismissed. However, whatever educational benefits the petitioners have derived on the basis of II-A certificates, noticed supra, shall not be disturbed and the cancellation orders vide Annexures-A & B, of their respective certificates vide Annexures-C & D, will not deprive the petitioners of the benefits relating to the BAMS course which they have already completed. Since the petitioners have not availed any concession by way of reduction of fees and have paid regular fees for pursuing and obtaining of BAMS course i.e., on par with the general candidates, there shall not be any claim for payment of difference in the fees.
Ordered accordingly.
No costs.