High Court Of ChhattisgarhWPC/2780/2016disposed off

Chitranjan Ram v. State Of Chhattisgarh

2016-11-10Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2780 of 2016 • Chitranjan Ram S/o Rituram Aged About 57 Years R/o Purna Nagar, Post Sitonga, Tahsil & District Jashpur, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through : The Secretary, Scheduled Caste & Scheduled Tribe Welfare Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. High Level Caste Scrutiny Committee, Through: Chairman/president, Office At Pt. Ravishankar Shukla University Campus, Raipur, District Raipur, Chhattisgarh

3. Collector, Jashpur, District Jashpur, Chhattisgarh

4. Sub Divisional Officer Jashpur, District Jashpur, Chhattisgarh

5. Tahsildar, Jashpur, District Jashpur, Chhattisgarh ---- Respondents For Petitioner :

Shri Yogesh Chandra, Advocate For Respondents-State :

Shri UNS Deo, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 10/11/2016

1. Learned counsel for the petitioner would submit that in a similar matter bearing WPC No. 2736/2016 {Ropan Ram Agariya Vs. State Of Chhattisgarh and Others} this Court has passed an order on 09.11.2016 directing the parties to decide the application for issuance of permanent caste status certificate of being a member of 'Agariya' Schedule Tribe Community.

2. At this stage, learned State counsel would point out that the petitioner has

never moved any application before the competent authority under the Chhattisgarh Schedule Castes, Schedule Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (for short 'the Act, 2013) for issuance of caste status certificate, therefore, the writ petition is not maintainable.

3. Considering the fact that the petitioner has not moved any such application before the competent authority, the writ petition is disposed of with observation that if the petitioner moves an application before the competent authority under the Act, 2013 within a period of one month from today, the said authority shall consider and decide the application after due enquiry and pass a reasoned order at the earliest, preferably within a period of six months from the date of submission of application.

4. It is made clear that this Court has not made any opinion one way or the other about the petitioner's caste status, which shall be addressed by the SDO(R), Jashpur while allowing or refusing the application by a reasoned order.

Sd/- Judge Prashant Kumar Mishra Ashu