Nagesh Kumar Jayant, v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2183 of 2020

1. Nagesh Kumar Jayant, S/o Ramdas Jayant, Aged About 51 Years Caste - Jatav, R/o Gurudwara Road, Mahavir Nagar, Ravigram Raipur, Tahsil And District - Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Its Secretary, Department Of Tribal Welfare, Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. The Sub Divisional Officer (Revenue), Raipur, District - Raipur, Chhattisgarh. ---- Respondents For Petitioner :

Mr. Love Kumar Ramteke, Advocate For State :

Mr. Anand Verma, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 01.10.2020

1. The relief sought by the petitioner in the present writ petition is for an appropriate direction to the respondent No. 2 to consider grant of permanent caste certificate.

2. According to the petitioner, he was an employee in the undivided State of Madhya Pradesh, thereafter he has been allocated to the State of Chhattisgarh. According to the petitioner, since he has been allocated to the State of Chhattisgarh, he falls within the ambit of Rule 12 of the Chhattisgarh Scheduled Castes, Scheduled Tribes and other Backward Classes (Regulation of Social Status Certification) Rules 2013. Rule 12 of the Rules of 2013 deals with the category of persons who would fall under "involuntary migration". Under the said Rule, an employee who has been involuntary

migrated to the State of Chhattisgarh would be entitled for the benefit of reservation in the State of Chhattisgarh. According to the petitioner, he belongs to "Jatav Caste" which falls within the Scheduled Caste category. The petitioner had moved an application before the Respondent No. 02 for issuance of caste certificate. According to the petitioner, the application has been kept in abeyance on the ground enabling the petitioner to provide the documents to show that his ancestors were of Tahsil & District Raipur prior to 1950.

3. Given the facts, this Court is of the opinion that ends of justice would meet if the writ petition is disposed of with a direction to the respondent No.02 to process the claim of the petitioner and pass an appropriate order keeping in view Rule 12 of the Rules of 2013 referred to in the preceding paragraph.

4. Let respondent No. 2 take an appropriate decision within a period of 60 days from the date of receipt of copy of this order.

5. The present writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Jyotijha