Sitting in Court Hall at Dharwad on a slightly busy Tuesday morning, Justice M. Nagaprasanna delivered a sharp and uncompromising verdict in a long-running dispute involving a retired headmaster accused of using a false Scheduled Caste certificate SRI. T.H. HOSAMANI. The court struck down multiple orders issued over the years against 63-year-old T.H. Hosamani, calling the entire investigation process “a nullity in law.”
Background
Hosamani, who served as an Assistant Teacher and later as Headmaster at Harohalli Vidya Samsthe-an aided institution-had used a caste certificate showing him as Bhovi, a Scheduled Caste, for promotions.
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Trouble erupted in 2007 when an RTI activist filed a complaint alleging that Hosamani was actually from the Gangamata community and had misrepresented his caste to secure the post reserved for Scheduled Castes. Acting on the complaint, the Civil Rights Enforcement (CRE) Cell initiated an investigation on its own, without informing the petitioner.
That investigation snowballed into two major actions-
- cancellation of his caste certificate by the District Caste Verification Committee, and
- a criminal case in 2014, from which he was later acquitted.
The core legal issue before the High Court was whether the CRE Cell had any authority to start an investigation suo motu-on its own-without a mandatory reference from the District Caste Verification Committee.
Court’s Observations
Justice Nagaprasanna took a firm view: the CRE Cell had no such power.
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Reading out relevant rules, the court emphasized that under Rule 7(4) of the Karnataka SC/ST & OBC Reservation Rules, 1992, the CRE Cell can step in only when the District Caste Verification Committee first finds the claim doubtful and formally refers the matter.
“The statute is unambiguous,” the bench observed. “The Civil Rights Enforcement Cell can spring into action only upon a reference being made by the District Caste Verification Committee.”
The judge also cited earlier decisions of Division Benches that consistently held that neither the Caste Verification Committee nor the CRE Cell enjoys suo motu powers. In plain terms, if the law says a thing must be done in a particular manner, it must be done in that manner alone.
There was a brief but telling moment when the State’s counsel admitted that the CRE Cell indeed had no authority to start an investigation without referral. He added that even if Hosamani won on “technical grounds,” the caste certificate should not be reused by any family member-a point the court eventually agreed with.
In what sounded like a gentle reprimand, the judge remarked that the “very foundation” of the proceedings was illegal, and when the foundation fails, “the superstructure built upon such foundation would necessarily tumble down.”
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Decision
The High Court allowed the petition in full.
It quashed all three impugned orders-dated 21.06.2014, 17.05.2014, and 28.02.2017-originating from the illegal CRE-based investigation.
The Court further directed:
- All withheld terminal benefits must be released within four weeks, without “brooking any delay.”
- The disputed caste certificate cannot be used by the petitioner’s family members for any SC/ST claim, given the controversy surrounding it.
The order ended there-clear, direct, and leaving no loose ends.
Case Title: Sri T.H. Hosamani vs. State of Karnataka & Others
Case No.: Writ Petition No. 109449 of 2017
Case Type: Writ Petition (GM-CC) – Caste Certificate Verification Matter
Decision Date: 18 November 2025