Devesh Singh Rajput v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 272 of 2015 • Devesh Singh Rajput S/o Shri R.M. Singh, Aged About 44 Years, R/o P.S. Akaltara, District. Janjgir Champa C.G. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Animal Husbandry & Dairy Development, Mahanadi Bhawan, Capital Complex, Mantralaya, New Raipur (C.G.)

2. Director, Veterinary Service Raipur C.G.

3. Dy. Director, O/o Dy, Director Veterinary Service Rajnandgaon C.G.

4. District Level Caste Certificate Scrutiny Committee Through Its Asst. Commissioner/ Member Secretary, O/o Collector ( Tribal Development Department ) District Rajnandgaon C.G.

5. Ku Pallavi Meshram D/o Shri Arvind Kumar Meshram Asst. Veterinary Area OfÏcer O/o Dy. Director Veterinary Services, Rajnandgaon C.G.

---- Respondent For Petitioner Mr. Lav Sharma, Advocate For Respondent/State Mr. P.K. Bhaduri, Government Advocate For Respondent No.5 Mr. Shashank Thakur, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 15/9/2015 Heard finally with the consent of learned counsel for the parties. (2) The petitioner has preferred this petition seeking writ of quo

warranto against the respondent No.5 on the ground that respondent No.5 has obtained employment as Assistant Veterinary Field OfÏcer against the reserved quota even though she does not belong to Scheduled Caste category.

(3) Learned counsel for the State would submit that the petitioner had also moved a complaint before the Tribal Research Institute, High Power Caste Scrutiny Committee, challenging the caste status of respondent No.5. The said committee has enquired into the matter and found that the respondent No.5 belongs to "Mahar" Scheduled Caste Community and in view of the above, the very foundation of challenge to appointment of the respondent No.5 on the ground that she has acquired the post by falsely claiming herself to be Scheduled Caste reserve category member has been demolished.

(4) This petition for issuance of quo-warranto cannot continue once the respondent no.5 has been declared to be belonging to Scheduled Caste community. Now the remedy for the petitioner lies to challenge the order -Annexure P/1 passed by the Higher Power Caste Scrutiny Committee.

(5) Accordingly, the writ petition is dismissed with the liberty aforesaid. Sd/- Judge (Prashant Kumar Mishra) Shyna