Rakesh Kumar Dhuliya v. Union Of India And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1284 of 2015 • Rakesh Kumar Dhuliya S/o Shri Alakh Ram Dhuliya, Aged About 29 years, Caste - Dhuliya, R/o Village & Post- Karagikhurd, Police Station - Kota, Distt.-Bilaspur, (CG) ---- Petitioner

Versus

1. Union of India, Through-the Secretary, Department of Posts, Ministry Shram Shakti Bhawan, Rafi Marg, New Delhi

2. The Chief Postmaster General Chhattisgarh Circle Raipur, (CG)

3. The Superintendent of Post Offices, Bilaspur Division, Distt.-Bilaspur, (CG)

4. The Caste Scrutiny Committee, Pandit Ravishanker Vishvavidyalaya Parisar, Raipur, Distt.-Raipur, (CG)

5. The Sub Divisional Officer, Masturi, Distt.-Bilaspur, (CG) ---- Respondents For Petitioner : Shri Rishi Rahul Soni, Advocate.

For Respondent No.1 to 3 : Shri RK Gupta, Advocate. For Respondent No.5 : Shri S. Majid Ali, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 07/05/2015

1. The petitioner has preferred this writ petition seeking direction to the respondents to issue perpetual/permanent caste certificate in his favour without compelling the petitioner to produce the land records prior to

the year 1950.

2. Learned counsel for the petitioner would submit that the petitioner has been appointed on the post of GDS BPM Salkanawagaon (Kargiroad) and under the terms of the appointment, he is to submit permanent caste certificate before the Superintendent of Post Office, Bilaspur Division, Bilaspur, however, respondent No.5 is not issuing permanent caste certificate for the reason that the petitioner is not able to produce the land records prior to the year 1950. Learned counsel would refer to the order passed by this Court in the matter of Dr. Sanjay Raj Vs. State of Chhattisgarh & others {WP(C) No.1173/2012, decided on 4.7.2012} to argue that respondent No.5 should consider the petitioner's application for grant of permanent caste certificate without insisting for the land records prior to the year 1950.

3. Having heard learned counsel for the parties, it would appear that in the matter of Dr. Sanjay Raj (Supra), this Court after considering its previous orders passed in the matters of Narendra Dehariya Vs. State of Chhattisgarh and others {WP(C) No.5070/2007, decided on 27th September, 2007}, Aavesh Kumar Nagwanshi Vs. State of Chhattisgarh and others {WP(C) No.526/2012, decided on 2.4.2012}, Anjali Kujur Vs. State of Chhattisgarh and others {WP(S) No.4620/2011, decided on 12.8.2011} and Ramsajiwan Vs. State of Chhattisgarh {WP(S) No.6616/2008, decided on 19th August, 2010}, directed that the competent authority shall scrutinize and verify the caste status without insisting for submission of land records prior to the year 1950.

4. Accordingly, the present writ petition is also disposed of with a direction to respondent No.5 to consider and decide the petitioner's application for grant of permanent caste certificate without insisting for submission of land records prior to the year 1950 because in the above referred writ petitions, this Court has already taken a view that

possession of land records alone is not the criteria for verification of caste certificate. Respondent No.5 shall decide the petitioner's application at the earliest, preferably within a period of one month from the date of submission of certified copy of this order. J U D G E Barve