National Commission For Schedule Caste Does Not Have Power To Adjudicate Complaints Relating To Service Matters: Karnataka High Court Reiterates

The Karnataka High Court has reiterated that the National Commission for Schedule Caste does not have power to adjudicate upon or entertain complaints relating to service matters, specifically those pertaining to seniority and promotion.

A single judge bench of Justice Sachin Shankar Magadum said,

“It is axiomatic that the ambit of the NCSC's jurisdiction does not extend to adjudicating upon or entertaining complaints relating to service matters, specifically those pertaining to seniority and promotion. Such matters, by their very nature, fall within the realm of administrative law and are subject to adjudication by specialised adjudicatory bodies such as administrative tribunals with competence in service-related disputes.”

The State government had approached the court seeking to quash the complaint lodged by one Srinivas V against it before the Commission. The complainant assailed an endorsement rejecting his request for appointment to a higher post by virtue of his qualification.

Court said the exercise undertaken by the National Commission was contrary to a catena of judgments rendered by the Apex Court. It observed,

“The jurisdiction and authority vested in the National Commission for Scheduled Castes (NCSC) are delineated specifically to matters pertaining to the protection, welfare, and socio-economic development of Scheduled Castes (SCs) as envisaged under Article 338 of the Constitution of India. Within this purview, the NCSC is mandated to investigate, monitor, and advise on issues concerning the safeguards provided for SCs under the Constitution.”

It added, “It is essential to highlight that the NCSC's role, while pivotal in safeguarding the rights and interests of SCs, is circumscribed by the overarching principles of constitutionalism, rule of law, and separation of powers.”

Court empahsized that the Commission is entrusted with the responsibility of ensuring the effective implementation of safeguards and measures aimed at promoting the socio-economic advancement of SCs, rather than adjudicating upon individual disputes of a service-related nature.

“Therefore, it is incumbent upon the NCSC to operate within the confines of its statutory mandate and refrain from entertaining complaints or issuing directives with regard to service matters, including issues of seniority and promotion, which fall squarely within the domain of administrative tribunals or other specialised adjudicatory bodies endowed with the requisite jurisdiction and expertise to adjudicate upon such disputes,” it held.

Accordingly it allowed the petition.

Appearance: AGA Prathibha for Petitioners

Advocate Sharat Dodwad FOR R1.

Advocate Vinayak Kulkarni for R2.

Citation No: 2024 LiveLaw (Kar) 128

Case Title: State Of Karnataka & Others AND National Commission For Schedule Caste

Case No: WRIT PETITION NO.26690 OF 2023

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