Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

other manner”. In this regard, the learned Senior Counsel referred to the decisions of the Supreme
Court reported in (1) AIR 1969 SC 634 (STATE OF GUJARAT v. SHANTILAL) and (2) AIR
1969 SC 267 (GUJARATH ELECTRICITY BOARD v. GIRDHARLAL MOTILAL AND
ANOTHER). In the light of these decisions, the KPSC has no authority to ignore the Caste Certificate
issued by the Tahsildar. The only Authority which can set aside a Caste Certificate is the Appellate
Authority under Section 4-B of the Act on an Appeal. Further, Section 4-C of the Act provides for
verification of Caste Certificate and Caste and Income Certificate. Therefore, when the Act has
prescribed a procedure for issuing a Caste Certificate and also provides for filing an Appeal by an
Aggrieved Person, the Certificate issued by the Competent Authority cannot be nullified by an Authority
other than the Authority mentioned in Section 4-A and other Sections of the Act. In this regard, he
drew our attention to the decision of the Supreme Court reported in (1997) 7 SCC 405
(R.KANDASWAMY v. CHIEF ENGINEER, MADRAS PORT TRUST). In the light of these
decisions, the learned Senior Counsel submits that the decision of the KPSC in declining to interview
the Applicants is untenable and a direction will have to be issued to the KPSC to interview the Applicants.
29. In the light of these pleadings, in Part V Applications the following question arises for
consideration:
QUESTION (8) : Whether the KPSC is justified in ignoring the Caste Certificates issued by the
concerned Tahsildars ?
CONSIDERATION OF QUESTION:
Karnataka PSC
29.1The Competent Authority to issue a Caste and Income Certificate under the provisions of the
1990 Act and the Rules is only the Tahsildar. Once the candidates produce the genuine certificates
issued by the Competent Authority, the KPSC has to accept the same. In this regard, it is relevant to
refer to the following decisions of the Supreme Court:
(1) AIR 1969 SC 634 (STATE OF GUJARAT v. SHANTILAL). At paragraph 54 of the said
Judgment, while interpreting certain provisions of the Bombay Town Planning Act, the Supreme Court
after referring to some judgments of the English Courts at paragraph 54 (page 654) has stated thus:
“…For it is a settled rule of interpretation of Statutes that when a power is given under
a Statute to do certain thing in certain way, the thing cannot be done in any other way…
(TAYLOR v. TAYLOR 1875(1) Chd. 426).
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