Rajkumar v. State Ofchhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2202 of 2018

1. Rajkumar S/o Gopal Aged About 33 Years Cast Domar, R/o Chhotabazar, Teenadafai, Chirmiri, District- Koriya, Chhattisgarh

2. Vikas S/o Gopal Aged About 30 Years R/o Chhotabazar, Teenadafai, Chirmiri, District- Koriya, Chhattisgarh ---- Petitioners

Versus

1. State of Chhattisgarh Through The Secretary, Department Of General Administration, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh

2. High Power Caste Scrutiny Committee Through Its Chairman, Pt. Deendayal Upadhyay Nagar, Sector- Iv, Raipur, District- Raipur, Chhattisgarh

3. State of Chhattisgarh Through The Collector, Koriya, District- Koriya, Chhattisgarh

4. Sub-Divisional Officer (Rev.) Khadgawa, Headquarter Chirmiri, District- Koriya, Chhattisgarh

5. Naib Tahsildar Khadgawa, Chirmiri, Distrct- Koriya, Chhattisgarh ---- Respondents For Petitioners :

Shri Punit Ruparel, Advocate For Respondents/State :

Shri Ratan Pusty, GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 07/08/2018

1. The present petition has been filed claiming following reliefs:- "10.1 This Hon'ble Court may kindly be pleased to quash the

impugned communication online copy (Annexure P-1) 10.2 This Hon'ble Court may kindly be pleased to direct the respondent No.5 to issue permanent caste certificate to the petitioners.

10.3 This Hon'ble Court may kindly be pleased to grant any other relief(s)/ writ(s), order(s) in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts & circumstances of the case, including awarding of the costs to the petitioners."

2. Learned counsel for the petitioner submits that the petitioner was having a temporary caste certificate but when the application has been made for permanent caste certificate, the same is pending adjudication, therefore, the respondent authorities may be directed to issue the permanent caste certificate.

3. The issuance of caste certificate is governed by the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 & Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013. The Act provides the complete procedure for grant, revision and the appeal thereof, therefore, since the issuance of caste certificate still in adjudicatory process, no direction can be given by this Court on either side. The petition is therefore, premature hence no order is required at this moment.

4. Accordingly, the writ petition is dismissed. Sd/- Goutam Bhaduri Judge Ashu