High Court of Chhattisgarh
Case Details
1 Digitally signed by GOPAL SINGH Date: 2025.08.02 14:36:41 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR NAFR WPC No. 314 of 2022 Order Reserved on 6.5.2025 Order Passed on 01.8.2025 1 - Smt. Shobhana Walde D/o Late Haridas Shende Aged About 54 Years W/o Madhukar Walde, Aged About 54 Years Caste Mahar, Assistant Grade 3, Collector Office Raipur, R/o Sai Apartment Gurugovid Nagar Pandri Tahsil And District Raipur C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, General Administration Department, Mahanadi Bhawan Atal Nagar Raipur, Chhattisgarh 2 - State Of Chhattisgarh Through Its Secretary, Department Of Tribal Welfare, Mahanadi Bhawan, Atal Nagar Raipur, Chhattisgarh 3 - High Level Certification Scrutiny Committee Commissioner, Schduled Tribe And Scheduled Caste Development, Block 4 D, Ground Floor, Inrawati Bhavan, Atal Nagar, Raipur Chhattisgarh 4 - The Secretary Government Of Chhattisgarh Revenue And Disaster Management Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar Raipur, Chhattisgarh 5 - The Collector Raipur District Raipur Chhattisgarh 6 - The Sub Divisional Officer (Revenue) Raipur District Raipur Chhattisgarh 2 7 - The Tahsildar Raipur District Rapur Chhattisgarh 8 - The Nayab Tahsildar Raipur District Raipur Chhattisgarh ... Respondents For Petitioner For State : :
Legal Reasoning
Shri Love Kumar Ramteke, Advocate Shri Satish Gupta, Government Advocate Hon’ble Shri Justice Amitendra Kishore Prasad C A V Order 1. The petitioner is aggrieved by the order dated 18.11.2021 passed by the High Level Caste Scrutiny Committee, Chhattisgarh, Raipur by which while verifying the caste of the petitioner as Mahar Caste, the Caste Scrutiny Committee found that the caste certificate obtained by the petitioner in respect of Mahar Scheduled Caste has not been issued in accordance with law. The petitioner has failed to produce proper evidence for verification of her caste as Mahar and as such the caste certificate issued by the Tahsildar, Raipur on 8.9.1992 is hereby cancelled. The petitioner has obtained the said caste certificate on 8.9.1992 and on the basis of said caste certificate, she was appointed on the post of Assistant Grade III in the ofÏce of Collector, Raipur, District Raipur, Chhattisgarh and she is performing her duties with utmost circumspection and she has also received the benefits of her being Mahar Caste. The brother and sisters of the petitioner have also been issued permanent caste certificate of Mahar Caste by the competent authority. They were granted 3 permanent caste certificate by the competent authority, however, the caste certificate of the petitioner has been cancelled without any proper verification and the same is illegal and arbitrary. The petitioner has sought for following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to call the entire records from the respondents. 10.2 That, this Hon’ble Court may kindly issue an appropriate writ in the nature of certiorari and quash/stay the impugned order Annexure P/1 dated 18/11/2021 passed by the respondent and hold that the petitioner is entitle of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 for the permanent caste certificate of schedule caste. 10.3 That, the Hon’ble Court may kindly be please to direct the respondents No. 1 to 8, should be stopped for further action. 10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief or pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the present case in 4 the interest of justice. The petitioner may also kindly be awarded in favour of the petitioner.” 2. It was the case of the petitioner that she belongs to Mahar Caste, a Scheduled Caste. Her birth place is at Chhattisgarh prior to reorganisation of the State of Chhattisgarh. After formation of State of Chhattisgarh, she is permanently residing in the State of Chhattisgarh. The forefathers and ancestors of the petitioner were also belonging to the same caste. They were residing in the boundaries of the Chhattisgarh prior to reorganisation in Rajnandgaon. The documents of her parents also verifies that they belong to Mahar Caste, which is at Entry No.24 of the Madhya Pradesh State List under the Constitution (Scheduled Castes and Scheduled Tribe) Order, 1950, which is clear from the Gazette Notification dated 10.8.1950 of the Government of India. Subsequently, the Government of India has modified the same and the Scheduled Caste and the Scheduled Tribe List Modification Order, 1956 was notified vide notification dated 29.10.1956. In the said list, Mahar Caste is entered at Schedule 18. In the list of erstwhile State of Madhya Pradesh, Mahar Caste is situated at Entry No.36. As per Article 341 of the Constitution of India, the caste included in the List of Scheduled Castes and Scheduled Tribes Amendment Act, 1976. The said caste is already mentioned and there is nothing to show that the petitioner does not belong to Mahar Caste, however, by the order impugned the Caste Scrutiny 5 Committee has illegally held that the petitioner has not produced relevant documents in order to prove that his parents and ancestors were belonging to Mahar Caste and the onus to prove that the petitioner belongs to Mahar Caste is upon the petitioner, which she fails to prove. The forefathers of the petitioner were residents of Maharashtra. The father of the petitioner came to Chhattisgarh in the year 1959. As per notification issued for declaring any person of any Scheduled Caste and Scheduled Tribe on the date of notification dated 10.8.1950 and 6.9.1950, where the concerned party took birth, he or she will be treated as Scheduled Caste or Scheduled Tribe for that particular State. Since the petitioner’s birth took place after the said notification, as such she would be considered to be resident of State of Chhattisgarh. As such, on verification, her caste certificate cannot be held to be of Mahar Caste and her caste certificate is liable to be cancelled. 3. Learned counsel for the petitioner submits that the petitioner has submitted each and every document. She has also submitted the documents in respect of parents and in the entire documents of her parents, there is mention about Mahar Caste. Her father was working in the Indian Postal Department at Raipur and retired on 30.6.1986. The petitioner was born on 15.8.1967 at Raipur at the time of erstwhile State of Madhya Pradesh. As such, the cancellation of caste certificate is per se illegal. 4. On the other hand, learned counsel for the State submits that 6 the caste certificate of Scheduled Caste Mahar was issued to the petitioner for educational purpose only. The father of the petitioner was original resident of Village Akola, Tahsil and District Akola, Maharashtra. Since the father of the petitioner was a resident of Akola, Maharashtra, as such her caste being Mahar cannot be considered in the State of Chhattisgarh. The petitioner has failed to prove her social status and has also failed to produce relevant documents pertaining to her father and forefathers in the investigation report of Vigilance Cell. As such, the Vigilance Cell found that the petitioner does not belong to Mahar Scheduled Caste. The onus is upon the person who is claiming to be of a particular caste. It is upon the person who is claiming the benefit of said caste to give evidence in respect of her caste. It has been submitted that the petitioner has failed to produce any document of State of Chhattisgarh prior to 1950 showing that her forefathers belong to State of Chhattisgarh prior to 1950. From perusal of the inquiry report, it seems that the authorities were impressed only on the documents filed by the petitioner. Though the forefathers and ancestors of the petitioner belong to State of Maharashtra, the petitioner’s birth place is at Chhattisgarh, i.e., in the erstwhile State of Madhya Pradesh in the year 1967. In the list of State of Madhya Pradesh, Mahar Caste was included and as such she was issued a certificate in respect of Mahar Caste. Subsequently, she was given certificate of Mahar Caste for the purpose of employment also. 7 There is nothing on record to show that the petitioner does not belong to Mahar Caste or her birth place is not at Raipur in the State of Chhattisgarh. Therefore, the finding recorded by the Caste Scrutiny Committee that she will not be given benefit of Mahar Caste seems to be not in accordance with law. Since the petitioner’s birth was at Raipur in the erstwhile State of Madhya Pradesh, now Chhattisgarh, in the said list, Mahar Caste is included. In a recent notification issued by the Government of India dated 12.8.2023 at Entry No.33, Mahar, Mahara, Mahra, Mehar and Mehra have been included in the Constitution (Scheduled Caste) Order Amendment Act, 2023, as such, on the basis of said gazette notification, now, the petitioner is entitled to get benefit of Mahar Caste. 5. The Government of Chhattisgarh, General Administration Department, Mantralaya, Raipur has issued a notification dated 4.9.2023 as under: “छ्ቈीसगढ़ शासन सामान्य ्ቚशासन वि(cid:16)भाग मं्ቔालय महानदी भ(cid:16)न, न(cid:16)ा रायपुर, अटल नगर क. एफ 13-9/2023/आ.्ቚ./1-3, न(cid:16)ा रायपुर, विदनांक 04/09/2023 ्ቚति! शासन के समस्! वि(cid:16)भाग, अध्य्ቌ, छ्ቈीसगढ़ राजस्(cid:16) मण्डल वि)लासपुर, समस्! संभागीय आयु्ሹ, समस्! वि(cid:16)भागाध्य्ቌ, समस्! जिजलाध्य्ቌ, 8 समस्! मुख्य काय-पालन अति.कारी, (जिजला पंचाय!) छ्ቈीसगढ़। वि(cid:16)षय :- भार! सरकार ्ቛारा छ्ቈीसगढ़ राज्य के लिलए अति.सूतिच! अनुसूतिच! जाति!यों को शाविमल करने )ा)!्। _____________ भार! सरकार ्ቛारा छ्ቈीसगढ़ राज्य के ऐसे अनुसूतिच! जाति! सदस्य के लोग जिजनकी जाति! पू(cid:16)- में छ्ቈीसगढ राज्य की अति.सूतिच! अनुसूतिच! जाति! की सूची में शाविमल नहीं थी, उन अनुसूतिच! जाति!यों को भार! सरकार ्ቛारा छ्ቈीसगढ़ राज्य के लिलए संवि(cid:16).ान (अनुसूतिच! जाति!या) आदेश 1950 में संशो.न कर!े हुए संवि(cid:16).ान (अनुसूतिच! जाति!या) आदेश (संशो.न) अति.विनयम, 2023 विदनांक 12.08.2023 ्ቛारा अति.सूतिच! कर!े हुए शाविमल विकया गया है। 2/ समस्! कलेक्टर ए(cid:16)ं राजस्(cid:16) वि(cid:16)भाग के स्ቌम ्ቚाति.कारिरयों को विनदCशिश! विकया जा!ा है विक, भार! सरकार के न(cid:16)ीन राजप्ቔ विदनांक 12.08.2023 अनुसार संवि(cid:16).ान (अनुसूतिच! जाति!या) आदेश 1950 की छ्ቈीसगढ़ राज्य के लिलए अति.सूतिच! सूची के सरल कमांक-33 "33. Mahar, Mahara, Mahra, Mehar, Mehra". जाति!यों को शाविमल विकया गया है। 3/ अ!ः छ्ቈीसगढ़ राज्य के लिलए भार! सरकार ्ቛारा अनुसूतिच! जाति!यों की अति.सूतिच! सूची के सरल कमांक-33 में उ्ቤेलिG! उपरो्ሹ जाति!यों को उनके सं(cid:16)ै.ाविनक अति.कार सुविनतिH! कर!े हुए उनके सामाजिजक ्ቚाቝኌस्थति! ्ቚमाण प्ቔ (जाति! ्ቚमाण प्ቔ) जारी करने की काय-(cid:16)ाही सुविनतिH! की जाये। संल्ሿ :- संवि(cid:16).ान (अनुसूतिच! जाति!) आदेश (संशो.न) अति.विनयम, 2023 विदनांक 12.08.2023 की छाया्ቚति!। छ्ቈीसगढ़ के राज्यपाल के नाम से !था आदेशानुसार, gLrk{kj 04-09-2023 (एस. के . िሺसह) अ(cid:16)र सतिच(cid:16) छ्ቈीसगढ़ शासन lkekU; ्ቚशासन वि(cid:16)भाग” 9 6. Accordingly, the order dated 18.11.2021 passed by the High Level Caste Scrutiny Committee, Chhattisgarh, Raipur is hereby set aside and the Caste Scrutiny Committee is directed to verify the caste certificate of the petitioner on the basis of the aforesaid notification and to pass appropriate orders. Since the petitioner is working as Assistant Grade III in the ofÏce of Collector, Raipur and there was an interim protection granted to her vide order dated 19.1.2022, but, she was not permitted to take any further advantage from the caste certificate, as such, now, the benefits will be given on the basis of the aforesaid gazette notification of the Central Government. 7. With the aforesaid observations and directions, the writ petition is allowed to the extent shown above. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh