Ku. Gargi Durgam v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3183 of 2020
1. Ku. Gargi Durgam D/o Shri Dilip Durgam Aged About 9 Years
2. Ishan Durgam S/o Shri Dilip Durgam Aged About 5 Years Both Petitioner No.1 and 2 are Minors, Represented By their Natural Guardian Father Shri Dilip Durgam, S/o Late Shri Lancha Durgam , Aged About 38 Years, All R/o Behind Government Hospital , Bijapur , District Bijapur Chhattisgarh ---- Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Schedule Caste And Schedule Tribe, Mahanadi Bhawan, Atal Nagar Naya Raipur District Raipur Chhattisgarh
2. Collector Bijapur, District Bijapur Chhattisgarh
3. Sub Divisional Officer (R) Division Bijapur , District Bijapur Chhattisgarh ---- Respondents For Petitioners :
Shri Y.C. Sharma, Sr. Adv. With Shri Utsav Mahishwar, Advocate For Respondents/State :
Shri Anmol Sharma, PL Hon'ble Shri Justice Goutam Bhaduri Order 05/07/20
1. Heard.
2. Learned counsel for the petitioners would submit that the petitioners, who are minors, through their guardian have filed an application for issuance of the caste certificate before the SDO (R), Bijapur, District Bijapur (C.G.). He would further submit that the SDO has not accepted the application and oral rejection
has been made, therefore, the SDO, Bijapur may be directed to accept the application of the petitioners for issuance of the caste certificate irrespective of the fact that what would be the outcome of the application whether the certificate would be issued or rejected.
3. Learned State counsel would submit that the caste issuance certificate applications are made before the SDO at the first instance.
4. Considering such submission if the application is preferred by the petitioners, the SDO is bound to accept the application and may take any decision and oral rejection has no value. Therefore, the SDO, Bijapur is directed to accept the application of the petitioners and decide the same in accordance with law.
5. With the aforesaid observation, the writ petition stands disposed of. SD/-Sd/-- Goutam Bhaduri Judge Ashu